Drug Offences

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Drug offences in the ACT range from minor personal possession to commercial trafficking and large commercial cultivation. Andrew Byrnes Law Group defends the full spectrum of drug charges across the ACT Magistrates Court and ACT Supreme Court. Deliberately Different.

Drug offences under ACT law

The principal statutes are the Criminal Code 2002 (ACT), the Drugs of Dependence Act 1989 (ACT), and the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT). Common charges include:

• Possession of a controlled drug
• Cultivation of a controlled plant
• Manufacturing a controlled drug
• Trafficking and sale
• Possession of a trafficable quantity (deemed supply)
• Drug driving — Road Transport (Alcohol and Drugs) Act 1977 (ACT)

ACT personal use reforms

Since 28 October 2023, the ACT operates a personal use reform regime for small quantities of certain drugs. Small quantities — set out in the regulations — are dealt with by a $100 simple drug offence notice, drug diversion, or a referral pathway rather than a criminal charge for first instances. The reform does not legalise drugs and does not affect supply, trafficking, manufacturing or cultivation charges.

Cannabis personal use in the ACT

Separate cannabis personal use reforms under the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019 (ACT) permit possession of up to 50 grams of dried cannabis and cultivation of up to 2 plants per person (4 per household) for personal use. Sale, supply and trafficking remain serious offences.

Maximum penalties

Penalties scale with the quantity and the role of the accused. Trafficable quantities attract up to 10 years imprisonment; commercial quantities up to 25 years; large commercial quantities up to life imprisonment. The thresholds differ for each drug and are set out in the regulations.

Defences available in the ACT

• Lack of possession — drugs in shared premises or vehicles
• Lack of knowledge — the accused did not know the substance was a controlled drug
• Possession not for supply — rebutting the deeming provision
• Unlawful search and seizure — challenges to warrants and street searches under the Crimes Act 1900 (ACT)
• Identification for supply by observation
• Duress and necessity in narrow cases

Charged with a drug offence in Canberra? Call (02) 6210 1075 before any interview with police.

Related criminal defence services

• Drug supply and trafficking
• Drug driving
• Serious indictable offences
• Bail applications

Frequently asked questions

Is personal drug possession legal in the ACT?

Since 28 October 2023, possession of small quantities of certain drugs for personal use is decriminalised in the ACT. Small quantities are dealt with by a $100 simple drug offence notice, drug diversion, or referral. Supply, trafficking, manufacture and cultivation remain serious criminal offences.

What is a trafficable quantity of drugs in the ACT?

Trafficable quantities are set in the regulations under the Criminal Code 2002 (ACT) and Drugs of Dependence Act 1989 (ACT). The thresholds differ for cannabis, methamphetamine, MDMA, cocaine and other drugs. Possession above the trafficable threshold can be charged as supply by deeming.

Will a drug charge stay on my record?

A recorded conviction creates a criminal record disclosable on a National Police Certificate. The conviction may become spent under the Spent Convictions Act 2000 (ACT) after a crime-free period. Section 17 non-conviction outcomes for first-offence possession can avoid recording a conviction.

Can I get bail for a drug supply charge in the ACT?

Bail is contested for commercial supply matters under the Bail Act 1992 (ACT). A strong bail package addressing residence, employment, treatment engagement and risk significantly improves prospects. Bail is more straightforward for personal possession and minor supply.

Does the ACT personal use reform apply to sharing drugs with friends?

No. Sharing drugs with others is supply, even if no money changes hands. The personal use reforms cover possession of small quantities for personal use only. Any transfer to another person remains a supply offence under ACT law.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.