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Best Drug Offences Lawyer Sydney
Trusted criminal defence team in Sydney delivering expert drug charge representation, advice, and outcomes when everything matters most
Drug Offences Lawyer Sydney | Kazi & Associates
25+ Years Criminal Law Experience | Available 24/7 for Urgent Matters | Free Initial Consultation
A drug charge — no matter how minor it may seem — can have serious, lasting consequences for your freedom, your employment, your family, and your reputation. At Kazi & Associates, our criminal law team has represented clients facing all categories of drug offence in NSW for over 25 years. We understand the law, the courts, and the strategies that achieve the best outcomes — and we fight hard for every client.
Whether you are facing a first-time possession charge or a serious supply or trafficking matter, you need experienced legal representation from day one. Do not speak to police or plead guilty without first speaking to us.
Drug Law in NSW — The Key Legislation
Drug offences in NSW are primarily governed by the Drug Misuse and Trafficking Act 1985 (NSW), the Poisons and Therapeutic Goods Act 1966 (NSW), and at the Commonwealth level, the Criminal Code Act 1995 (Cth) for importation and trafficking offences. The severity of a drug charge — and the potential penalty — depends heavily on:
- The type of drug involved (cannabis, MDMA, cocaine, methamphetamine, heroin, etc.)
- The quantity — whether it falls below, at, or above "trafficable" and "indictable" quantity thresholds
- The nature of the offence — possession, use, supply, manufacture, cultivation, or importation
- Your criminal history (or lack thereof)
- The circumstances of your arrest and the evidence gathered
Understanding these factors is critical because they determine everything — which court hears your matter, what the maximum penalty is, what sentencing options are available, and what defences apply.
Drug Offences We Defend
Drug Quantity Thresholds in NSW — Why They Matter
The Drug Misuse and Trafficking Act sets specific quantity thresholds for each type of drug that determine the seriousness of the charge and the court in which it is heard. The key thresholds are:
- Small quantity — possession only, Local Court, typically a fine or non-custodial sentence
- Trafficable quantity — presumption of supply applies, still heard in Local Court if below indictable quantity
- Indictable quantity — must be dealt with in the District Court, more serious penalties
- Commercial quantity — District Court, significant custodial sentences
- Large commercial quantity — Supreme Court, maximum penalties up to life imprisonment
Examples (cannabis): small quantity = 15g; trafficable = 30g; indictable = 300g; commercial = 25kg; large commercial = 100kg.
⚠️ The weight of the drug is critical. Police weighing errors, contamination, and the inclusion of non-drug material in weight calculations are all grounds we examine in every drug matter. Challenging the weight can change the charge classification entirely.
Can I Get a Section 10 for a Drug Offence?
A section 10 dismissal (now formally called a conditional release order without conviction under the Crimes (Sentencing Procedure) Act 1999) means the court finds you guilty but does not record a conviction. You leave court without a criminal record.
For drug possession and minor drug offences, a section 10 is achievable — particularly for first-time offenders who can demonstrate genuine remorse, good character references, employment, community ties, and an unlikely prospect of reoffending. We prepare thorough section 10 submissions including character references, letters of support, evidence of rehabilitation, and if relevant, participation in drug diversion programs. Courts in NSW have significant discretion in minor drug matters, and strong preparation makes a real difference.
Drug Diversion Programs
NSW offers several drug diversion programs that can provide an alternative to prosecution for minor drug offences:
- Cannabis Cautioning Scheme: Police may issue a caution for minor cannabis possession (less than 15g) rather than charging — but only for first or second offences with no other criminal history
- Early Intervention Program (MERIT): A court-based drug treatment program that can divert offenders away from a criminal record upon successful completion
- Drug Court: An intensive supervision program for eligible offenders with serious drug dependencies — focuses on rehabilitation over imprisonment
We advise on whether you are eligible for any diversion program and help you participate effectively to maximise your chances of a non-conviction outcome.
- 25+ years defending drug charges in NSW courts at all levels
- In-depth knowledge of drug quantity thresholds, presumptions, and available defences
- Strong track record in securing section 10 dismissals and non-custodial sentences
- We challenge search warrants, evidence admissibility, and police conduct where appropriate
- Multilingual team: English, Bengali, Hindi, Japanese & Urdu
- Available 24/7 for urgent advice — including at the police station
- We also handle related bail applications if you are refused bail following a drug charge
Why Choose Kazi & Associates for Drug Offences?
Over 25 years experience, strategic defence, strong results, multilingual support, and 24/7 availability to protect your rights and future
Frequently Asked Questions
Get straightforward answers to frequently asked drug charge questions, so you can make informed decisions and protect your future with confidence
Will I go to jail for drug possession in NSW?
For a first-time possession offence involving a small quantity, imprisonment is unlikely. Courts have a range of sentencing options available including fines, good behaviour bonds, community service orders, and section 10 dismissals. Imprisonment becomes more likely where the quantity is large, the offence involves supply or manufacture, or there is a significant criminal history. We always pursue the most favourable outcome available in your specific circumstances.
Can police search me for drugs without a warrant in NSW?
Yes, in certain circumstances. Police in NSW have broad powers to search a person without a warrant if they have a reasonable suspicion that the person is in possession of a prohibited drug. However, the threshold of “reasonable suspicion” is legally significant — if it is not met, the search may be unlawful and any evidence obtained may be inadmissible. We carefully scrutinise the circumstances of every search in drug matters.
What does "deemed supply" mean?
Deemed supply means that possessing a quantity of drugs above the “trafficable quantity” threshold creates a legal presumption that you intended to supply the drugs — even if you did not actually supply anyone. The prosecution does not need to prove intent to supply. You can rebut this presumption by proving the drugs were for personal use only, but this is a significant burden. We advise on the strength of any available rebuttal.
What if drugs were found in my car or house but they were not mine?
This is a common situation and there are real defences available. The prosecution must prove beyond reasonable doubt that you had knowledge of the drugs and that they were in your custody or control. If the drugs belonged to someone else and you were unaware of their presence, or if others had equal or exclusive access to the location, these are genuine defences. We examine the evidence carefully and identify every available argument.
Can I be charged for drugs found at a music festival?
Yes. NSW Police conduct regular operations at music festivals targeting drug possession and supply. Festival charges are treated the same as any other drug charge. If you or a family member has been charged at a festival, contact us immediately. The first steps — not making any statement to police and engaging a lawyer — are the most important.
What happens at my first court date for a drug charge?
At your first court appearance (usually in the Local Court), the charge is formally read, and the matter is typically adjourned to allow police to prepare and serve the brief of evidence. Bail conditions may also be set or reviewed. We attend this court date with you, ensure you understand the process, and begin the strategic groundwork for achieving the best possible outcome.
Disclaimer: This page contains general legal information only and does not constitute legal advice. Please contact our office for advice specific to your circumstances.
Speak With an Experienced Sydney Drug Offence Lawyer Today
Contact an experienced Sydney drug offence lawyer today to discuss your situation confidentially, understand your options, and receive strategic defence advice focused on securing the strongest possible result for your case.
Call Kazi & Associates today to book your free consultation and get trusted legal guidance for your drug offence matter.
- Call us: (02) 9568 3736
- Email: info@kaziandassociates.com.au
- Visit: 17/296 Marrickville Road, Marrickville NSW 2204
- Office Hours: Monday – Friday, 9:00 AM – 5:00 PM
- 24/7 for urgent matters