Possess Prohibited Drug

Neither can I.

Drug possession is one of the most common charges in NSW. The consequences of a conviction can also be significant, restricting travel and employment opportunities.

Possession of a prohibited drug is an offence under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW). The maximum penalty for drug possession is 2 years imprisonment. As drug possession is a “summary offence”.

To prove possession, the prosecution must show beyond reasonable doubt that:

• An illegal drug was in a person’s ‘custody’ or ‘control’, and

• The person knew that they had custody or control of a prohibited drug