How Serious is Drug Possession in NSW?

Being charged with drug possession in NSW is not something to take lightly, even small quantities can lead to a criminal conviction, court appearances, and long-term consequences for your job, travel and future. As a criminal lawyer supporting both city and rural communities, I often speak with people who underestimate the risks of a drug possession charge.

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What Impacts the Severity of a Drug Possession Charge?

  • The type of drug involved (e.g. cannabis, cocaine, MDMA, methamphetamine).

  • The quantity, larger amounts may imply supply, not just personal use.

  • Your criminal history and whether it's a first offence.

  • The location, offences near schools or public events carry heavier penalties.

  • Whether you were cooperative or combative at the time of the search/arrest.

Legal Consequences of a Conviction:

  • A criminal record that may affect your career and ability to travel.

  • Loss of employment or professional registration (especially in healthcare, law, or government roles).

  • Potential for community service, fines, or even imprisonment.

  • Public perception and personal stress, especially for young people and parents.

Available Legal Pathways and Defence Strategies:

  • Eligibility for a Section 10 non-conviction order.

  • Conditional Release Orders and community-based sentencing.

  • Participation in drug diversion programs or the MERIT program.

  • Challenging unlawful searches or procedural errors by police.

  • Demonstrating rehabilitation or community contributions as mitigating factors.

Mistakes to Avoid During and After Arrest:

  • Arguing with officers or attempting to run can result in serious charges.

  • Assuming cooperation guarantees leniency in court, what you say may still be used against you.

  • Speaking with others in custody about your case can be recorded or used as evidence.

  • Delaying legal advice, early legal support is critical, especially before interviews.

Book your free case assessment now to speak directly with Elizabeth Mansour and receive tailored legal guidance.

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The material provided on this website is for general information purposes only and does not constitute legal advice. Every legal matter is unique, and outcomes will vary based on individual circumstances.
We recommend that you do not act on any information contained herein without first seeking professional legal advice tailored to your situation.
To receive specific legal guidance, please book your free case assessment now with Elizabeth Mansour.
Use of this website or contact form does not create a solicitor-client relationship.

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