Drug Offences in Australia: Possession, Supply, and Your Options
Last updated: June 2026
How Drug Laws Work in Australia
Drug offences are primarily governed by state and territory legislation, not federal law (except for importation and trafficking across borders). Each state has its own Drugs of Dependence Act or equivalent.
Common Drug Offences
Possession: Knowingly having a prohibited drug in your custody or control. Even a very small amount can be charged as possession.
Supply: Providing, distributing, or selling a prohibited drug. In some states, a large enough quantity creates a legal presumption of supply, even if you did not intend to sell it.
Trafficking: Large-scale commercial dealing, usually involving large quantities or organised criminal activity. Carries very severe penalties.
Cultivation: Growing cannabis or other plants.
Manufacture: Producing or processing prohibited drugs (e.g. methamphetamine).
Small Quantities: Cautions and Diversion
Most states have diversion programs for minor drug possession, particularly cannabis, that may allow first-time offenders to avoid a conviction:
- NSW: Cannabis Cautioning Scheme (up to 2 cautions for small amounts)
- VIC: Drug Diversion Program
- SA: Cannabis Expiation Notices (on-the-spot fine rather than court)
- QLD: Police Drug Diversion Program
- ACT: Cannabis was decriminalised in 2020 (possession of up to 50g is a civil offence with a fine)
Penalties
Penalties vary widely by state and quantity:
| Offence | Range |
|---|---|
| Possession (small) | Fine, diversion, or up to 2 years imprisonment |
| Possession (large/commercial) | 10–25 years imprisonment |
| Supply or trafficking | 15 years to life imprisonment (large commercial quantities) |
Your Options If Charged
- Do not say anything without a lawyer: exercise your right to silence
- Get legal advice immediately: a criminal lawyer can advise on defences, diversion eligibility, and sentencing
- Consider your options: plead guilty early (discount applies in most states), contest the charge, or seek a diversion
- Attend court: not attending will result in a warrant for your arrest