Canberra & the ACT · Drug offences
Drug possession charges in the ACT.
Possessing a drug for personal use is treated far more leniently in the ACT than trafficking, and for small amounts the ACT now uses diversion rather than a criminal record. The charge, the quantity, and whether the matter can be diverted are the questions that matter.
- Small quantityDiversionSince 28 October 2023
- Larger amount50 penalty units / 6 monthsWhere none prescribed
- CourtMagistrates CourtSummary
- Key issuePersonal use vs salePossession, not trafficking
The ACT offence.
Since 28 October 2023 the ACT has treated personal-use possession of small amounts of many drugs through a diversion and infringement approach rather than a criminal charge, using a simple drug offence notice. That is a real difference from New South Wales. The quantity and the drug decide whether diversion applies. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
Possession is a summary matter in the ACT Magistrates Court. For small quantities the emphasis is on diversion, an infringement notice, or a non-conviction outcome. For larger amounts a court penalty is in play. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and a non-conviction order under s 17 is often the goal for a first offender.
Defences and issues that matter.
Possession.
Possession requires knowledge and control of the drug. Where the drug was not the accused's, or they did not know it was there, possession is not established.
Personal use, not sale.
Where the prosecution alleges more than personal use, the quantity and the surrounding items are tested, because the difference between possession and trafficking is enormous.
The search.
How the drug was found can matter. An unlawful search can affect the evidence.
How the matter is run.
For most possession matters the work is to secure diversion or a non-conviction outcome, and to keep a first offender out of a criminal record. Where the allegation edges toward supply, the priority is to keep the matter as a possession charge. The search and the quantity are the two things examined first.
Frequently asked.
Is drug possession decriminalised in the ACT?
For small personal-use amounts of many drugs, the ACT uses a diversion and infringement approach rather than a criminal charge, from 28 October 2023. It is not a free pass, and larger amounts or supply are still offences, but small-quantity possession is treated very differently from New South Wales.
What is the penalty for drug possession in the ACT?
For a small quantity, diversion or a low penalty. Where a larger amount is involved and no other penalty is prescribed, the maximum is 50 penalty units, 6 months imprisonment, or both, under the Drugs of Dependence Act 1989 (ACT).
Can I avoid a conviction for possession in the ACT?
Often, yes. Diversion, an infringement notice, or a non-conviction order under s 17 of the Crimes (Sentencing) Act 2005 (ACT) are commonly available, especially for a first offender.
When does possession become trafficking?
When the prosecution can show the drug was possessed with an intention to sell, usually inferred from quantity, packaging and other items. Trafficking carries a far higher penalty, so keeping a matter as possession matters.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019