Drug Offence Lawyers Canberra ACT

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

Why Choose Andrew Byrnes Law Group for a Drug Charge

Drug matters can range from a Simple Drug Offence Notice to commercial trafficking carrying decades of imprisonment. Andrew Byrnes Law Group provides:

• Advice on the ACT decriminalisation reforms and whether a charge can be diverted
• Defence preparation including challenges to search and seizure, possession, and inferences of supply
• Bail applications where police oppose release on supply or trafficking matters
• Engagement with the ACT Drug and Alcohol Sentencing List and treatment-based sentencing pathways
• Sentencing advocacy emphasising rehabilitation, treatment engagement, and personal circumstances
• Coordination on parallel matters such as driving offences, employment consequences, and visa risk

Serving Canberra and Surrounding Regions

Andrew Byrnes Law Group defends drug charges across Canberra, the ACT, and surrounding NSW regions. Call (02) 6210 1075 before any interview with police.

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.

Frequently Asked Questions

What changed in the ACT when small amounts of drugs were decriminalised in October 2023?

From 28 October 2023, the ACT's Drug Strategy and Harm Reduction Amendment Act 2023 decriminalised personal possession of small amounts of certain drugs — including heroin, cocaine, MDMA, and methamphetamine — up to prescribed thresholds. Possession below the threshold is treated as a civil matter attracting a $100 infringement notice, not a criminal charge. However, possession above the threshold, and all supply, trafficking, manufacture, and importation offences, remain serious criminal matters. A lawyer can clarify how the reforms apply to your specific circumstances.

What is the difference between drug possession and drug supply in the ACT?

Possession involves having a controlled drug for personal use. Supply extends to selling, distributing, or sharing a drug with another person — even where no money changes hands. Under the Drugs of Dependence Act 1989 (ACT) and the Criminal Code 2002 (ACT), a charge can be upgraded from possession to deemed supply if the quantity found exceeds a prescribed traffickable amount, regardless of your actual intention to distribute. Supply and trafficking charges attract significantly higher maximum penalties than simple possession.

Can I access a diversion program rather than facing criminal drug charges in the ACT?

Yes. The ACT operates several diversion pathways, including the Drug and Alcohol Diversion Initiative (DADI), which allows eligible people charged with minor drug offences to complete an assessment and education program rather than proceed through the criminal court process. Eligibility depends on the type and quantity of drug involved, your prior history, and police and prosecution discretion. The ACT also operates a dedicated Drug and Alcohol Sentencing List for eligible matters. A lawyer can advise whether you qualify and assist you in accessing the most appropriate pathway.

What penalties does drug trafficking carry in the ACT?

Drug trafficking under the Criminal Code 2002 (ACT) carries potentially up to 25 years' imprisonment for the most serious category of drugs and quantities. The actual sentence imposed will depend on the drug type and quantity involved, your role in the operation, your personal circumstances, and any cooperation with authorities. Early legal advice is critical — procedural decisions made in the early stages of a trafficking investigation can significantly affect the eventual outcome.

What are my rights if police want to search me for drugs in the ACT?

You are entitled to ask police the basis on which they wish to conduct a search. Under the Crimes Act 1900 (ACT) and related legislation, police must generally have reasonable grounds to conduct a warrantless search of a person. You are not required to assist beyond providing your name and address, and you should not consent to a search, make any admissions, or discuss the matter without first seeking legal advice. If a search yields evidence and you are subsequently charged, the lawfulness of the search itself may be relevant to challenging the admissibility of that evidence in court.