In all Australian states and territories it is an offence to possess, manufacture or traffick certain kinds of drugs. Trafficking includes producing, selling or supplying. It is also against the law to assist someone to do any of these acts.

Typical illegal drugs include cannabis, amphetamines and heroin. There are many other types of prohibited substances in Australia. The drug laws in each state and territory are different and quite complex but they all distinguish between:

• drug possessors and users who generally face lower penalties and
• drug producers, sellers and suppliers who generally face higher penalties.

The names of all of the different types of illegal drugs and the quantities and penalties that determine the seriousness of an offence are listed in the drug laws of each state and territory. In Australia the most common drug offences are cannabis related offences. It is an offence to grow or possess cannabis. It is also an offence to use or sell cannabis in all states and territories. The penalties for cannabis offences are different in depending on which state or territory you are in.

Less serious cannabis offences have been decriminalised in some states and territories. In those states and territories if you are caught with a small amount of cannabis for personal use you may receive a fine. Elsewhere you may be charged with a serious offence and receive a harsher penalty or imprisonment for possessing the same amount.

In all states and territories the seriousness of drug offences and the corresponding penalties increase as the amount of the drug in question increases.

This Legal Guide on Drug Offences provides a general overview for people who have been charged with a drug related offence. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.