Drug Lawyers Parramatta
The charge sheet looks straightforward. A substance, a quantity, a section number. But the section police chose is not the verdict, and the distance between that number and how this actually ends is bigger than most people realise. We defend drug charges at Parramatta Local Court, District Court, and across Western Sydney.
Your Drug Charge Probably Doesn't Match What Happened
You're looking at a Court Attendance Notice with a drug charge on it, probably with a date at Parramatta Local Court or one of the nearby courts in Western Sydney, and the first thing you're trying to work out is how serious this actually is. That depends less on what police found and more on the section of the Drug Misuse and Trafficking Act 1985 they chose to charge you under, because that single decision shapes the court you'll appear in, the penalties you're facing, and the options available to defend it.
Drug possession is one of the most common offence types in the Parramatta LGA, and possession of a prohibited drug is a summary offence that stays in the Local Court, carrying a maximum of 2 years imprisonment and a $2,200 fine. For a first offence with the right preparation, a conviction isn't inevitable.
But if the quantity crosses a certain threshold, the charge changes entirely. Under s29 of the Act, anything above the "trafficable quantity" triggers a deemed supply presumption. For cocaine and methamphetamine, that threshold is 3 grams. For MDMA, it is just 0.75 grams, roughly the weight of a single pill. Those amounts are entirely consistent with personal use, but the law doesn't draw that distinction. Once you're above that weight, the prosecution presumes supply and the burden shifts to you to prove otherwise, turning what could have been a Local Court matter into a charge carrying up to 15 years imprisonment.
Commercial quantity supply and trafficking charges are indictable offences that move to the District Court, where maximum penalties reach 20 years, and large commercial quantity carries life imprisonment. The commercial thresholds vary by substance: 250g for cocaine and heroin, 125g for MDMA, 250g for methamphetamine. At these levels, police don't need to prove you sold anything, because the weight alone is the charge. But whichever section you're charged under, the consequences extend well beyond the courtroom.
What a Drug Conviction Actually Costs You
The penalties on the charge sheet are only part of it. A criminal record for a drug offence can follow you for years, showing up on National Police Checks, Working With Children screenings, and government security clearances long after the matter is resolved. Government jobs, healthcare, education, finance, aged care, security, child-related work: these industries all screen for drug convictions, and a single possession charge can close doors you've spent years opening.
Travel narrows in ways people don't expect either. The US, UK, and Canada all ask about criminal convictions on visa applications, and even a minor possession conviction makes you ineligible for US visa waiver travel (ESTA), requiring a full visa application instead. If you're on a temporary visa in Australia, a drug conviction can trigger character grounds for visa cancellation, a consequence most people don't consider until it's already too late to address.
Even cannabis carries more risk than people assume. The Cannabis Cautioning Scheme covers up to 15 grams of leaf, but only for your first two encounters with police. After two cautions, you're no longer eligible for the scheme, and for any other substance there's no caution option at all. The reach of a drug charge is wider than the charge sheet suggests, which is exactly why the defence matters.
Where Drug Charges Usually Fall Apart
Most people assume that once police find a substance, the matter is settled. It isn't. Every drug charge relies on how the evidence was obtained, and that process has rules police must follow. Whether you were stopped by Cumberland Police Area Command officers in Parramatta, pulled over in Merrylands, or searched at a station in Granville, the same LEPRA 2002 requirements apply: police need reasonable grounds for the search, they must follow specific procedures, and they must record them properly. If they didn't, the evidence can be excluded under s138 of the Evidence Act 1995. We review the search record, the officer's notes, and the body-worn camera footage from the interaction, because procedural failures aren't uncommon and when the search was unlawful, the drug charges often can't stand.
For deemed supply matters, we build the case to rebut the presumption by gathering evidence of personal consumption patterns, financial records that show no dealing income, and communication history that contradicts a supply narrative. The prosecution assumed supply because of the weight, and our job is to show the court why that assumption doesn't hold for your specific circumstances.
Drug Court and MERIT Can Replace a Prison Sentence
Parramatta is one of four Drug Court locations in NSW, sitting at the same George Street justice precinct as the Local Court and District Court, where eligible people are diverted into structured treatment instead of prison. If you're facing drug charges anywhere in the Parramatta catchment, from Westmead and Wentworthville through to Auburn and Guildford, Drug Court eligibility is something we assess early because the application window is limited. The MERIT programme (Magistrates Early Referral Into Treatment) is a 12-week Local Court programme that strengthens your position at sentencing, and completing it has helped our clients secure non-conviction results in possession matters.
Reducing the Charge Changes the Entire Penalty Range
We also negotiate charges with prosecutors before matters reach a hearing. A supply charge reduced to possession changes the entire penalty range, and a deemed supply contested down to simple possession opens the door to a Section 10 dismissal.
We've been defending drug offence matters at Parramatta since 2013. Our office is at 100 George Street, a 2-minute walk from the courthouse at 12 George Street, and we appear at Parramatta Local Court and District Court weekly. We also defend drug charges at Blacktown, Penrith, Liverpool, Bankstown, Fairfield, and courts across Western Sydney. Call 1800 527 529 (1800 JBP LAW) or book a case review. Open 7 days, fixed-fee options available. For more on our drug defence work, see our Sydney drug lawyers page. Back to Parramatta criminal lawyer. If your drug charge involved a bail refusal, see our Parramatta bail lawyers page.
Not every drug offence should be contested at a defended hearing (where the charge is contested at trial). When the evidence is strong, the search was lawful, and the substance is confirmed, a well-prepared guilty plea with diversion often achieves a better outcome than a failed defence. We tell you that upfront, because preparation for the right outcome matters more than preparation for the wrong fight.
Why Early Action Changes Everything in Drug Matters
Most people don't realise how many outcomes sit between "convicted" and "acquitted." For a first-time possession charge, a Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 means the charge is proven but no conviction is recorded, leaving your record and your National Police Check clean. That outcome is realistic with the right preparation, but it depends on the facts of your matter and the work that goes into presenting them.
Where the evidence doesn't support the charge, we push for withdrawal. Where a plea is the right move, we prepare submissions that give the court every reason to impose a conditional release order without conviction: a compliance period (a set time where you follow conditions, then the matter is behind you), and then you walk away with your record intact. Drug Court treatment orders can replace prison with rehabilitation, and completion can result in charges being dismissed entirely.
The substance, the quantity, how the search was conducted, and your personal circumstances all shape what's realistically achievable. But drug briefs age badly for the defence: CCTV gets overwritten, witnesses move on, and the prosecution's version solidifies. The sooner we see the brief, the more room there is to work with. Book a consultation or call 1800 527 529.
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FAQ
Frequently Asked Questions
What are the penalties for drug possession in NSW?
For simple possession of a prohibited drug under the Drug Misuse and Trafficking Act 1985, the maximum penalty is 2 years imprisonment and a $2,200 fine. That is the ceiling. It is not the starting point, and it is not what most first-time offenders receive.
What actually happens at sentencing depends on the substance, the quantity, your criminal history, and how the matter was handled before you walked into the courtroom. A first-time possession charge with the right preparation can result in a Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999, which means the charge is found proven but no conviction is recorded. Your criminal record stays clean.
Above the possession threshold, the penalties escalate sharply. Once the quantity crosses the deemed supply line (3 grams for cocaine or methamphetamine, just 0.75 grams for MDMA), the charge shifts to supply under s25, carrying up to 15 years imprisonment. Commercial quantity supply reaches 20 years. Large commercial quantity carries life imprisonment. At those levels, the District Court handles the matter, not the Local Court.
We defend drug charges at every level, from minor cannabis possession through to serious supply and trafficking matters. The penalty on the charge sheet is the maximum, not the outcome. What sits between those two points is where the defence work happens. Call 1800 527 529 to find out where your matter sits.
What does deemed supply mean under NSW drug law?
Deemed supply means the prosecution presumes you intended to sell or distribute drugs based purely on the quantity found, without needing to prove you actually supplied anyone. Under s29 of the Drug Misuse and Trafficking Act 1985, if police find you with more than the "trafficable quantity" of a substance, the law treats it as supply. The burden then shifts to you to prove otherwise.
The thresholds are lower than most people expect. For cocaine and methamphetamine, the trafficable quantity is 3 grams. For MDMA, it is just 0.75 grams, roughly the weight of a single pill. For cannabis leaf, it is 300 grams. Three grams of cocaine is entirely consistent with personal weekend use, but the law does not draw that distinction. Once you are above the line, you are facing a supply charge carrying up to 15 years imprisonment instead of a possession charge carrying 2 years.
Rebutting the presumption is possible. We build the case around consumption patterns, financial records, communication history, and expert evidence that explains the quantity without a supply narrative. The prosecution assumed supply because of the weight. Our job is to show the court why that assumption does not hold for your specific circumstances.
This is one of the most misunderstood areas of drug law in NSW, and one of the most consequential. The difference between "just over" and "just under" 3 grams can be the difference between Local Court and District Court, between a fine and years in prison.
How can you be charged with drug possession in NSW?
Police charge you with drug possession when they find a prohibited substance on your person, in your vehicle, in your home, or in something you control (a bag, a locker, a vehicle console). The charge falls under the Drug Misuse and Trafficking Act 1985, and there are three ways possession is established.
Physical possession is the straightforward one: the substance is on you. Constructive possession is where police find drugs in a place you had access to and argue you knew they were there, even if they were not in your hands. Deemed possession applies in shared spaces, where the prosecution argues you had knowledge and control despite other people having access to the same location.
The charge starts with the search. Under LEPRA 2002, police need a lawful basis to search you, whether that is a search warrant, reasonable suspicion, or a drug detection dog indication. They must follow specific procedures during the search and record them. If they did not, the evidence obtained through that search can be excluded under s138 of the Evidence Act 1995. When the search fails the procedural test, the possession charge built on it weakens or collapses.
After the search, police issue a Court Attendance Notice with a date at your nearest Local Court. That is usually Parramatta Local Court for anyone in the Cumberland, Parramatta, or broader Western Sydney area.
We review every search record, every officer's note, and every second of body-worn camera footage from the interaction. The lawfulness of the search is the first question we ask, because it determines whether the charge has legs or not.
What are the drug quantity thresholds in NSW?
The Drug Misuse and Trafficking Act 1985 sets quantity thresholds that determine which charge you face and which court hears it. The same substance can result in a Local Court fine or a District Court prison sentence depending entirely on the weight.
Below the small quantity, it is simple possession: a summary offence, maximum 2 years, heard in the Local Court. Above the trafficable quantity, the law presumes supply under s29 and the matter can move to the District Court. Above the commercial quantity, penalties reach 20 years. Large commercial quantity carries life imprisonment.
For the substances we see most often in Western Sydney:
Cocaine: trafficable 3g, commercial 250g, large commercial 1kg. MDMA (ecstasy): trafficable 0.75g, commercial 125g, large commercial 500g. Methamphetamine (ice): trafficable 3g, commercial 250g, large commercial 500g. Cannabis leaf: trafficable 300g, commercial 25kg, large commercial 100kg. Heroin: trafficable 3g, commercial 250g, large commercial 1kg.
The prosecution does not need to prove you sold anything once you cross the trafficable line. The weight alone triggers the deemed supply presumption. That is why the difference of half a gram can move your matter from a charge with a realistic Section 10 outcome to one carrying 15 years.
Can I get a Section 10 dismissal for a drug charge?
Yes, and it is the primary outcome we prepare for in first-time drug possession matters. A Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 means the magistrate finds the charge proven but does not record a conviction. Your criminal record and your National Police Check stay clean.
Whether a Section 10 is realistic for your matter depends on the charge, the substance, the quantity, and your personal circumstances. For a first-offence possession of a small amount, the prospects are strong with the right preparation. For supply charges, Section 10 is harder but not impossible, particularly where a deemed supply charge has been negotiated down to simple possession.
The preparation matters as much as the facts. Magistrates at Parramatta Local Court and across Western Sydney see drug matters every sitting day. They can tell the difference between a well-prepared application backed by character references, evidence of employment, completion of a programme like MERIT, and genuine submissions about the impact of a conviction versus someone who shows up hoping for the best.
We do not guarantee a Section 10 because every matter turns on its own facts. What we do is prepare every application as if the outcome depends on the preparation, because in our experience it usually does.
Am I eligible for Drug Court in Parramatta?
Parramatta is one of four Drug Court locations in NSW, sitting at the George Street justice precinct alongside the Local Court and District Court. Drug Court diverts eligible people into a structured treatment programme instead of prison. Completing the programme can result in your charges being dismissed entirely.
Eligibility depends on several factors. You must be facing charges where the offending is connected to drug dependency. The charges must be ones the Drug Court can deal with (generally Local Court matters, with some District Court matters eligible). You must live in the Drug Court's catchment area, which covers Parramatta and much of Western Sydney. You must be willing to plead guilty and participate genuinely in treatment. And there must not be a violent offence on the same set of charges that makes you ineligible.
The application window is limited. Drug Court eligibility is something we assess as early as possible after you are charged, because waiting too long can close the option. If Drug Court is not available, the MERIT programme (Magistrates Early Referral Into Treatment) is a 12-week Local Court programme that strengthens your position at sentencing. MERIT does not require a guilty plea to start, and completing it has helped clients secure non-conviction results.
We assess both Drug Court and MERIT eligibility at the first consultation. If either pathway is open, we tell you. If neither fits your matter, we explain what other options produce the best outcome.
What is the MERIT programme and can it help my case?
MERIT stands for Magistrates Early Referral Into Treatment. It is a 12-week programme run through the Local Court that connects people charged with drug-related offences to structured treatment, including counselling, drug testing, and case management. Unlike Drug Court, MERIT does not require a guilty plea to begin, and it operates as a support programme running alongside your court matter rather than as an alternative court.
The purpose is twofold. First, it addresses the underlying issue that contributed to the offence. Second, it creates a documented track record of engagement and rehabilitation that significantly strengthens your position when the matter reaches sentencing.
At Parramatta Local Court and across Western Sydney, completing MERIT is one of the strongest things you can put in front of a magistrate when applying for a Section 10 dismissal or a conditional release order without conviction. It shows the court that you recognised the problem, took genuine steps to address it, and followed through over 12 weeks. Magistrates weigh that heavily.
Not every drug charge qualifies for MERIT. Eligibility depends on the nature of the offence and your willingness to engage with the programme. We refer eligible clients to MERIT early, because starting the programme before sentencing gives the court the most evidence to work with.
How much does a drug lawyer cost?
Our drug charge matters start with a fixed-fee consultation where we review your Court Attendance Notice, explain the charge, and give you an honest assessment of where your matter stands and what outcomes are realistically available. You know the cost before you commit.
For straightforward possession matters that stay in the Local Court, we offer fixed-fee representation that covers preparation, court appearances, and any Section 10 or sentencing submissions. There are no surprises and no open-ended billing. For more serious charges (deemed supply, commercial quantity, District Court matters), the fee reflects the preparation involved, and we set that out clearly upfront.
What a lot of people do not realise is that the cost of not having a lawyer is usually higher than the cost of having one. The difference between a well-prepared matter and an unprepared one is often the difference between a clean record and a conviction that follows you for years. A drug conviction on your National Police Check affects employment, travel, and professional licensing in ways most people do not calculate until after it appears. Preparation matters: a thorough review of the police brief, testing whether the search followed correct procedure, and building a Section 10 application are the work that produces a clean outcome.
Call 1800 527 529 for a quote specific to your charge and circumstances.
Will a drug conviction affect my job or ability to travel?
Yes, and the reach is wider than most people expect.
A drug conviction appears on your National Police Check indefinitely. Any employer who runs a background check will see it. Government roles, healthcare, education, aged care, childcare, security, and finance all screen for drug convictions. A single possession charge can close doors you have spent years opening, and in some industries (nursing, teaching, policing, security licensing) a drug conviction can end a career outright.
Travel narrows in ways most people do not consider until they are filling out a visa application. The United States, United Kingdom, and Canada all ask about criminal convictions on their visa forms. A drug conviction, even for minor possession, makes you ineligible for US visa waiver travel (ESTA). You would need to apply for a full B1/B2 visitor visa through the US Embassy instead, and potentially seek a waiver of inadmissibility. That process is expensive, slow, and not guaranteed.
If you hold a temporary visa in Australia, a drug conviction can trigger character grounds for visa cancellation under s501 of the Migration Act 1958. This is a consequence most people do not think about until it is too late to address.
Working With Children clearances can also be affected. While simple possession is not a disqualifying offence, the Office of the Children's Guardian may conduct a risk assessment if a drug conviction appears during the screening process, particularly for supply or trafficking offences.
This is precisely why we push hard for Section 10 dismissals and conditional release orders without conviction. A finding of guilt without a recorded conviction keeps your National Police Check clean and avoids these downstream consequences entirely.
What counts as a prohibited drug under NSW law?
A prohibited drug is any substance listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985. The list is extensive and covers far more than what most people think of when they hear "drugs."
The substances we see most frequently in drug charges across Western Sydney include cocaine, MDMA (ecstasy), methamphetamine (ice), heroin, cannabis (leaf and plant), and GHB. But Schedule 1 also covers prescription medications when possessed without a valid prescription, including certain benzodiazepines, opioids, and anabolic steroids. Psilocybin (magic mushrooms), LSD, and ketamine are all prohibited drugs under NSW law.
The definition matters because the specific substance determines the quantity thresholds that apply. Three grams of methamphetamine puts you above the deemed supply line, while 300 grams of cannabis leaf reaches the same threshold. Each substance has its own trafficable, commercial, and large commercial quantities set out in the Act.
Cannabis sits in a slightly different position because of the Cannabis Cautioning Scheme, which allows police to issue a formal caution instead of laying charges for personal quantities up to 15 grams of leaf. But the scheme only covers your first two encounters with police, and it does not apply to any other substance. After two cautions, you are no longer eligible for the scheme and the usual course is prosecution.
If you are unsure whether what you were found with is classified as a prohibited drug, or whether the quantity is above a threshold that changes the charge, that is the first question we answer.
Can I be charged with supply if I didn't actually sell drugs?
Yes. Drug supply under NSW law is far broader than selling. Under s25 of the Drug Misuse and Trafficking Act 1985, "supply" includes selling, distributing, agreeing to supply, offering to supply, keeping or having drugs in your possession for the purpose of supply, and sending, forwarding, delivering, or receiving drugs for supply. You do not need to exchange money. You do not need to hand anything to anyone.
If you gave drugs to a friend at a party, that is supply. If you agreed to hold drugs for someone else, that is supply. If you received a package containing drugs on behalf of another person, that is supply. The prosecution does not need to prove a commercial transaction, just that you played some role in making the substance available to someone else.
Then there is deemed supply under s29, where the quantity alone triggers the presumption of supply without any evidence of an actual transaction. If police find you with more than the trafficable quantity (3 grams for cocaine or methamphetamine, 0.75 grams for MDMA), the law presumes you intended to supply. The burden shifts to you to prove otherwise.
The prosecution must still prove that you knowingly took part in the supply. If you did not know what was in the package, or did not know the substance was a prohibited drug, that goes to the knowledge element of the offence. We examine every element the prosecution needs to prove and test whether their evidence actually meets that standard.
What happens at court for a drug offence in Parramatta?
Your first court date is usually a mention at Parramatta Local Court, typically 4 to 8 weeks after you receive the Court Attendance Notice. A mention is not a hearing. It is an administrative appearance where the court checks where the matter is up to. You do not need to enter a plea at the first mention, and in most cases you should not.
At the mention, we request the police brief of evidence, which includes the officer's statement, the search record, any body-worn camera footage references, the forensic analysis of the substance, and the police facts sheet. This is the material the prosecution will use against you, and we need time to review it properly.
Between the first mention and the next court date (usually 4 to 6 weeks later), we go through the brief. We test whether the search was lawful under LEPRA 2002, whether the evidence handling was correct, and whether the charge reflects what actually happened. If there are grounds to challenge, we prepare for a defended hearing. If the evidence supports a plea, we prepare sentencing submissions aimed at the best available outcome, whether that is a Section 10 dismissal, a conditional release order without conviction, or a reduced sentence.
For possession matters, the entire process from charge to resolution typically runs 3 to 6 months. For supply or District Court matters, the timeline is longer.
Our office is at 100 George Street, a 2-minute walk from the Parramatta courthouse at 12 George Street. We appear on drug matters at Parramatta Local Court weekly, and at Blacktown, Penrith, Liverpool, Bankstown, and Fairfield.
