Just for Personal Use? A Guide to Drug Possession, Driving, and Supply Laws in Australia

Key Takeaways

• Possession is a Crime: In Australia, possessing a prohibited drug, even a very small amount for personal use, is a criminal offence that can lead to a criminal record.

• "Supply" is Broader Than You Think: The legal definition of drug supply is not just about selling for profit. It can include giving, sharing, or even offering to share drugs with friends.

• The 'Deemed Supply' Trap: If you are caught with more than a certain quantity of a drug, the law can "deem" that you intended to supply it, even if you had no such intention. The penalties for supply are severe.

• Drug Driving vs. Drink Driving: Roadside drug tests check for the mere presence of illicit drugs in your system, not impairment. You can test positive and be charged many hours or even days after use.

Introduction

At a music festival or a party, the use of recreational drugs can seem common, almost normalised. This often leads to a dangerous misconception: "It's just for personal use, it's not that serious, right?"

In the eyes of Australian law, this could not be further from the truth. The possession, use, and distribution of prohibited drugs are governed by strict criminal laws with life-altering consequences. What might seem like a minor personal choice can easily escalate into a serious charge carrying the risk of a criminal conviction, substantial fines, and even imprisonment.

This guide will break down the reality of drug laws in Australia, focusing on the common offences of possession, supply, and drug driving.

Important Note: Drug laws are legislated by each state and territory. This article uses the law in New South Wales (NSW), primarily the Drug Misuse and Trafficking Act 1985, as a guiding example. The principles are similar nationwide, but specific drug quantities and penalties will differ.

Learn more about the Drug Misuse and Trafficking Act 1985 in NSW at NSW Legislation.

The most common drug offence is drug possession. To be found guilty, the prosecution must prove that you knowingly had physical custody or control of a substance that is a prohibited drug.

• The Amount Doesn't Matter (for a charge): Even a minuscule, leftover amount of a drug in a small bag is enough to be charged with possession.

• Diversionary Programs: For first-time offenders caught with a small amount of cannabis, police in NSW may have the discretion to issue a formal caution under the Cannabis Cautioning Scheme instead of a court charge. However, this is not a right and is not available for other drugs or repeat offenders. A charge for possessing any other drug, like MDMA or cocaine, will lead to court.

This is where many people get into serious trouble without realising it. The legal definition of "supply" is incredibly broad. It includes:

• Selling drugs for cash.

• Giving drugs to a friend (even for free).

• Sharing drugs within a group.

• Agreeing or offering to supply drugs, even if the transaction never happens.

Holding onto a drug for a friend can also be considered supply.

This is a critical legal trap. The law states that if you are caught in possession of more than a certain quantity of a drug (the "traffickable quantity"), you are deemed to have that drug for the purpose of supplying it.

This means the burden shifts to you to prove the drug was for your personal use only. The prosecution doesn't have to prove you were actually selling it.

Examples of Deemed Supply Quantities in NSW:

Possessing an amount over this threshold automatically escalates your charge from simple possession to the much more serious offence of supply, which carries heavy penalties including imprisonment.

This is another area of major confusion. Unlike drink driving, which measures your level of impairment via your Blood Alcohol Concentration (BAC), the roadside Mobile Drug Test (MDT) is different.

The MDT tests for the mere presence of illicit drugs in your system, not for impairment.

The saliva test in NSW typically detects:

• Tetrahydrocannabinol (THC)

• Methamphetamine (Ice)

• MDMA (Ecstasy)

• Cocaine

Because these drugs can stay in your system for many hours or even days after you have used them, you can test positive and be charged with drug driving long after the noticeable effects have worn off. If your driving was also erratic, you could face an additional charge of Dangerous Driving.

Australian drug laws are strict, and the line between a minor personal choice and a serious criminal offence is incredibly thin. The broad definition of "supply" and the concept of "deemed supply" mean that what you might consider a harmless act of sharing among friends can be treated as a drug trafficking offence by the courts.

The consequences of a drug conviction are not temporary. A criminal record can follow you for life. Understanding these laws and the significant risks involved is the first step in making safe and lawful decisions.

AHL Legal: Your Partner in Navigating Drug Laws

Facing legal issues related to drug possession, supply, or drug driving? At AHL Legal, we provide expert legal advice and representation to protect your rights and ensure compliance with Australian drug laws.