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.

Drugs and the law

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.

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