Possession of Prohibited Drugs

Possession of a controlled substance, such as cannabis, cocaine, methylamphetamine, or ecstasy, is illegal in New South Wales under section 10 of the Drug Misuse and Trafficking Act 1985. Possession of a controlled narcotic carries a maximum sentence of two years in jail and/or a fine of $2,200.

To convict you of possessing an illegal drug, the police must establish beyond a reasonable doubt that you had sole control of the drug and that you were aware of its presence. It is not enough for the police to persuade the court that there was a good likelihood of those two things happening, or even that they were likely to happen—the court must be convinced of both beyond all reasonable doubt.

Even if the cops are successful, it doesn't imply you'll be found guilty—you can still get a "not guilty" verdict if you can show the court that you were acting under duress from another person or that possessing the drug was required under the circumstances.

Furthermore, if the police did not have a legitimate suspicion to search you when the narcotics were discovered, you may be able to show that the arrest was unlawful and the charges dismissed.

If you're caught with more than the traffickable amount of a drug, you'll be charged with the more serious offence of supplying a prohibited drug.