Possess Prohibited Drug

Drug possession is a common offence prosecuted in the Local Courts. The consequences of a conviction can 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.

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 had 'knowledge' that they had custody or control of a prohibited drug