Overview of Drug Offences

The Drug Misuse and Trafficking Act 1985 (NSW) prohibits the cultivation, manufacture, supply, possession and use of prohibited drugs in New South Wales.

The Criminal Code Act 1995 (Cth) prohibits the importation or possession of unlawfully imported border controlled drugs or trafficking (i.e. interstate) of border controlled drugs.

Defining “supply” and “deemed supply”

Section 3 of the DMTA defines “supply”

“Supply” includes sell and distribute, and also includes agreeing to supply, or offering to
supply, or keeping or having in possession for supply, or sending, forwarding, delivering
or receiving for supply, or authorising, directing, causing, suffering, permitting or
attempting any of those acts or things.

Section 29 sets out when possession will be deemed to be for supply as follows:

A person who has in his or her possession an amount of a prohibited drug which is not
less than the traffickable quantity of the prohibited drug shall, for the purposes of this
Division, be deemed to have the prohibited drug in his or her possession for supply
subject to exceptions.

Below are the most common drug classifications and quantities for State offences:

Prohibited Plant OR Prohibited Drug Traffickable Quantity
Small Quantity
Indictable Quantity
Commercial Quantity
Large Commercial Quantity 
Cannabis Leaf 300g 30g 1kg 25kg 100kg
Cocaine 3g 1g 5g 250g 1kg
Heroin 3g 1g 5g 250g 1kg
MDMA (otherwise
known as ecstasy)
0.75g 0.25g 1.25g 125g 500g
Methylamphetamine
(otherwise known as
“ice” or “speed”)
3g 1g 5g 250g 1kg

For a full list view the Drug Misuse and Trafficking Act 1985 – Schedule 1

Penalties for State drug offences

Offence Maximum Penalty 
Possession
Possession of a prohibited drug 2 years imprisonment and/or $2,200 fine
Supply 
Supplying or knowingly taking part in the supply of less than a commercial quantity of prohibited drugs and relates to cannabis plant/leaf 10 years imprisonment and/or $220,000 fine
Supplying or knowingly taking part in the supply of less than a commercial quantity of prohibited drugs and does not relate to cannabis plant/leaf 15 years and/or $220,000 fine
Supplying or knowingly taking part in the supply of not less than a commercial quantity of cannabis plant/leaf 15 years imprisonment and/or $385,000 fine
Supplying or knowingly taking part in the supply of not less than a commercial quantity of prohibited drugs and does not relate to cannabis plant/leaf 20 years and/or $385,000 fine
Supplying or knowingly taking part in the supply of not less than a large commercial quantity of cannabis plant/leaf 20 years imprisonment and/or $550,000 fine
Supplying or knowingly taking part in the supply of not less than a large commercial quantity of prohibited drugs and does not relate to cannabis plant/leaf Life imprisonment and/or $550,000 fine
Offence of supplying prohibited drugs on an ongoing basis Imprisonment for 20 years and/or $385,000 fine
Manufacture
Manufacture, produce, or knowingly to take part in the manufacture or production of less than a commercial quantity of a prohibited drug 15 years and/or $220,000 fine
Manufacture, produce, or knowingly to take part in the manufacture or production of not less than the commercial quantity of a prohibited drug 20 years and/or $385,000 fine
Manufacture, produce, or knowingly to take part in the manufacture or production of not less than a large commercial quantity of a prohibited drug Life imprisonment and/or $550,000 fine

Penalties for Commonwealth drug offences

Offence Maximum Penalty 
Importation/ Exportation of border controlled drugs 
Importing and exporting commercial quantities of border controlled drugs or border controlled plants Life imprisonment and/or $825,000 fine
Importing and exporting marketable quantities of border controlled drugs or border controlled plants 25 years imprisonment and/or $550,000 fine
Importing and exporting marketable quantities of border controlled drugs or border controlled plants 10 years imprisonment and/or $220,000 fine
Possession of unlawfully imported border controlled drugs
Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants Life imprisonment and/or $825,000 fine
Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants 25 years imprisonment and/or $550,000 fine

Martin Ricci and The Law Practice have negotiated “plea deals” and proceeded to sentence for  drug offenders for over 20 years achieving sensational results; many of which have been (and continue to be) relied upon by other practitioners.