Drug Defence Lawyers

The crime of drug manufacturing can result in a maximum sentence of 25 years in prison and a fine of $550,000, but this is the maximum sentence. Generally, judges will consider other specific circumstances when sentencing.

The types of penalties that may be imposed include:

• Section 10 charges dropped
• Conditional release order  
• fine
• Community Corrections Order (CCO)  
• Compulsory Correction Order ICO  
• Custody

If you are accused of drug cultivation, please contact a criminal defense attorney as soon as possible for consultation to help you minimize the penalties or risks brought by the case.

Drug manufacturing is a very, very serious crime under Section 29 of the Drug Misuse and Trafficking Act .

Illegal behavior

Drug quantity / weight

Maximum penalty

( only heard by the District Court or above )

Median actual sentence ( this column is not included on the website )

Importing any marketable quantity of drugs

(Section 307.3)

Prosecution does not require proof of weight, only proof of the act of importing drugs

10 years imprisonment

60% of cases resulted in a prison sentence of 18 months, including a 12- month non-parole period

Import of drugs in marketable quantity

(Section 307.2(c))

0.5g or more of MDMA – Ecstasy

2g or more of amphetamines

2g or more of heroin

2g or more of cocaine

More than 25kg of Cannabis

25 years imprisonment

98% of cases resulted in a custodial sentence of 6 years, including a 4- year non-parole period

Importing drugs in commercial quantities (Section 307.1(c))

500g or more of MDMA – Ecstasy

750g or more of amphetamines

1.5kg or more of heroin

2kg or more of cocaine

More than 100kg of Cannabis

Life imprisonment

90% of cases result in a prison sentence of 8 years, including a non-parole period of 6 years

The above table refers to the maximum sentence. Generally, judges will consider other specific circumstances when sentencing.

The types of penalties that may be imposed include:

• Section 10 charges dropped
• Conditional release order  
• fine
• Community Corrections Order (CCO)  
• Compulsory Correction Order ICO  
• Custody

If you are charged with drug cultivation, please contact a criminal defense attorney as soon as possible for consultation to help you minimize the penalties or risks associated with the case.

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If you are going to plead guilty, you can refer to the table below to check the penalties involved in your offense, and be sure to find a criminal law firm for consultation before completing the plea process.

To prove that you are guilty of a drug importation or exportation offence, the prosecutor must prove the following beyond a reasonable doubt:

• You are the actor
• You have relevant cognitive abilities
• You import or export a category of goods
• These items are restricted by customs for import and export.
• You knew that such items were restricted for import and export by customs, or your behavior was reckless, that is, you continued your behavior despite being aware of the possibility of such behavior.

"Import" means bringing something into Australia and processing that is done in relation to the import of that thing.

“Reckless” means that you foresee the substantial risk that this item may be a type of item restricted by customs for import and export, which is a “very likely risk”, but you still continue your behavior.

In addition, prosecutors must charge you with different types of offenses based on the weight of the drugs you imported.

The prosecution also needs to prove that the weight of drugs they mentioned refers to the pure weight.

Illegal behavior

Drug quantity / weight

Importing drugs in commercial quantities (Section 307.1(c))

500g or more of MDMA – Ecstasy

750g or more of amphetamines

1.5kg or more of heroin

2kg or more of cocaine

More than 100kg of Cannabis

Import of drugs in marketable quantity

(Section 307.2(c))

0.5g or more of MDMA – Ecstasy

2g or more of amphetamines

2g or more of heroin

2g or more of cocaine

More than 25kg of Cannabis

Importing any marketable quantity of drugs

(Section 307.3)

Prosecution does not require proof of weight, only proof of the act of importing drugs

Drug smuggling (import or export) is a criminal offence under Section 307 of the Australian Criminal Code Act .

Cultivating drugs can result in up to 24 years in prison and/or a fine of up to $660,000, but this is the maximum sentence and judges will generally take other specific circumstances into consideration when sentencing.

The types of penalties that may be imposed include:

• Section 10 charges dropped
• Conditional release order  
• fine
• Community Corrections Order (CCO)  
• Compulsory Correction Order ICO  
• Custody

If you are accused of drug cultivation, please contact a criminal defense attorney as soon as possible for consultation to help you minimize the penalties or risks brought by the case.

Generally speaking, you can use some defense reasons to plead for yourself, such as being coerced by others to do this. If the police cannot disprove your defense reasons beyond a reasonable doubt, you will be found not guilty.

If the prosecution wants to prove that you planted drugs, or consciously participated in the process of planting drugs, they must prove it beyond a reasonable doubt.

• You grow a plant, or take an intentional part in growing that plant, and
• This plant is a drug-producing plant

If the prosecution cannot prove any of the above, you will be found not guilty.

The term "cultivation" refers to sowing, planting, nurturing, watering/fertilizing and harvesting drug plants from plant seeds. Plants typically include:

• Cannabis
• Coca bush (Papaver Somniferum)
• Poppy (Papaver orientale)
• Ghost Poppy (Papaver bracteatum)

Drug cultivation, as defined in the Drug Misuse and Trafficking Act , refers to sowing, planting, cultivating, watering/fertilizing, and harvesting drugs from plant species. Drug types include opium poppy, marijuana, coca bush (the raw material for cocaine production), etc.

During the accusation process, the prosecutor needs to prove beyond a reasonable doubt that you planted the drugs, or that you were aware that your actions were partially involved in the drug planting process.

The maximum penalties for drug cultivation are associated with a number of situations, including:

• Number of plants (mainly cannabis) and weight of plants (mainly coca and opium poppy)
• Does the growing process use advanced indoor growing methods? If so, then consider;
• Whether it can be proved that the cultivation has a commercial purpose;
• And consider whether children are present at the cultivation site;
• Whether the case is heard by the Local Court, the District Court or a higher court;

Drug trafficking can result in life imprisonment and/or a fine of up to $550,000. If you are charged with drug trafficking, please contact a criminal defense attorney as soon as possible to get a consultation to help you minimize the penalties or risks of your case.

If you think you are guilty, you also need to know the consequences you will face after pleading guilty (see relevant penalties for details) and remember to consult a professional criminal defense lawyer in advance to give you the best advice before pleading guilty.

If you plead not guilty, you will need to refute the elements that the prosecution needs to prove, or use defense reasons to justify your actions.

It is also very necessary to hire an experienced criminal defense attorney to help you win the case or persuade the prosecutor to drop the charges.

The supply of drugs is an offence under Section 25 of the Drug Misuse and Trafficking Act. It means a person supplies, or knowingly takes part in the supply of, drugs.

If you are in possession of a certain amount of drugs, you may be charged with conspiracy to commit drug trafficking. If you are charged with conspiracy to commit drug trafficking, you may be able to try to defend yourself by arguing that the drugs were for your own use.

Since drug possession is a lesser offence, the District Court is where such cases are heard. The maximum penalty that can result is two years in prison and/or a $2,200 fine.

However, these penalties only apply to more serious cases. In general cases, you will not face imprisonment.

The type of punishment you receive will depend on the facts of your case. The court has the power to give you different punishments, including:

• Charges dropped under Section 10 of the Criminal Code
• Conditional Release Order (CRO)
• fine
• Community labor reform
• Strictly supervised community labor reform
• Imprisonment

In general, the court will consider all the facts and circumstances of your case and impose a sentence that is less severe than the maximum possible sentence. It is important to understand that you can improve your chances of receiving a less severe sentence by involving an expert drug crime defense attorney in your case.

In many cases, a drug defense attorney may be able to convince a judge to dismiss charges under Section 10 or to grant a conditional release.

This means that even if you are found guilty, there will be no conviction on your criminal record, so you don’t have to worry about these crimes affecting your ability to work or travel in the future.

If you are willing to admit to the charges against you, you can plead guilty. Pleading guilty early in the trial can be beneficial in some cases because it shows that you regret your actions. Often an early guilty plea will result in a less severe sentence.

However, before you plead guilty, it is very important that you speak with an experienced drug crime defense attorney because it is possible that you can fight the charges and ultimately be found not guilty.

If you wish to plead guilty, it is very important that you first understand the type of punishment you may face.

If drugs are found on you, in your home, or in your car, you may be charged with drug possession.

Whether you actually possess the drugs does not affect the above charges. As long as you know, or should know, that you are in possession of the drugs, the police can charge you. So if you just help your friend get the drugs, you may still be charged with drug possession.

If you believe your actions are explainable or justifiable, you can fight the charges by pleading not guilty. For example, you could point out that:

• You were not aware of the drug cultivation, or you were unable to find any drugs after a thorough search.
• The police investigation was illegal (they did not investigate based on reasonable suspicion)
• You are not the only person who may have drugs. For example, the police found the drugs in a place in your house that is shared by many people, such as your living room or kitchen.
• There is insufficient evidence to prove you were in possession of the drugs. For example, when the police claim they saw you handling drugs, it is possible that the drugs were placed there by someone else.

If you believe your actions are explainable or justifiable, you can fight the charges by pleading not guilty. For example, you could point out that:

• You were unaware of the presence of drugs, or you were unable to find any drugs after a thorough search.
• The police investigation was illegal (they did not investigate based on reasonable suspicion)
• You are not the only person who may have drugs. For example, the police found the drugs in a place in your house that is shared by many people, such as your living room or kitchen.
• There is insufficient evidence to prove you were in possession of the drugs. For example, when the police claim they saw you handling drugs, it is possible that the drugs were placed there by someone else.

Possession of drugs is an offence under Section 10(1) of the Drug Misuse and Trafficking Act and can result in a sentence of up to two years in prison and/or a fine of $2,200.

If you can meet the conditions of Section 10 of the Crimes (Sentencing Procedure) Act 1999 regarding dismissals, or the conditions of a Conditional Release Order, you may not have a criminal record and may not be fined.