Drugs and the law
by Steve Bolt.
Revised edition 2011
This online Hot Topics issue covers the law in New South Wales relating to drugs, including possession, use and supply, manufacturing, importing and exporting. Case studies are also included.
This issue is a revised version of No. 59 in the Hot Topics series, published by the Legal Information Access Centre (LIAC). The information was revised and updated in 2011.
Drug laws in NSW
What are illegal drugs? - NSW Drug Misuse and Trafficking Act 1985 - Commonwealth Criminal Code - confiscating proceeds of crime - international treaties and conventions
Possession, use and supply
Custody or control - proof - shared houses - use - methadone - administering drugs to others - injecting rooms - deemed supply - traffickable quantities - ongoing dealing - large scale supply - penalties
Other offences
Drug use equipment - prohibited plants - manufacturing drugs - knowingly take part in - drug premises - importing and exporting - drugs and driving - drugs in sport
Police powers
Undercover police - searches - sniffer dogs - personal searches by Customs officers - searches of property - getting legal advice
Youth drug and alcohol issues
Drugs in state schools - drugs in private schools - alcohol and young people - tobacco and young people
The court process
Presumption in favour of bail - presumption against bail - pleas and previous record - penalties in the Local Court and higher courts - conclusions
Diversion from the criminal justice system
Cannabis cautioning - drug courts - Youth Drug and Alcohol Court - MERIT scheme
History of drug laws
Medicinal origins - prohibition - drugs in Australia - harm reduction - drug policy debate - discrimination against drug users
Hot Topics is intended as an introductory guide only and should not be interpreted as legal advice. Whilst every effort is made to provide the most accurate and up-to-date information, the Legal Information Access Centre does not assume responsibility for any errors or omissions.
© Library Council of New South Wales 2011. All rights reserved. Copyright in Hot Topics is owned by the Library Council of New South Wales (the governing body of the State Library of New South Wales). Apart from any use permitted by the Copyright Act (including fair dealing for research or study) this publication may not be reproduced without written permission from the Legal Information Access Centre.




