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ARTICLE · 15 MARCH 2023

First time drug possession charges in NSW

Discusses legislation around drug possession & charges apart from drug possession charges.

AustraliaCriminal Law

What are first time drug possession charges in NSW? Drug possession occurs if you have illegal drugs in your custody. In NSW, drug possession is an offence under the Drug Misuse and Trafficking Act 1985 (NSW).

Drug possession or first time drug possession charge in NSW falls under summary offences in the Act. Summary offences are less severe than indictable offences but still includes a criminal record. In this case, prosecution must prove beyond reasonable doubt that the offender knew that the illegal substance was in their possession.

What are prohibits drugs? Schedule 1 of the Drug Misuse and Trafficking Act 1985 lists all names of drugs that are prohibited in NSW. For instance, these include cannabis, MDMA, ecstasy, cocaine, Amphetamine, Methylamphetamine etc.

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