News · Criminal law explainer
The early drug diversion initiative in NSW.
New South Wales introduced a new drug diversion scheme in 2024 for small amounts of illicit drugs. It sits alongside the cannabis cautioning scheme and gives police another way to divert low-level drug use from court. This note explains how the early drug diversion initiative works, who is eligible, and why diversion is a much better outcome than a charge.
By Aaron Kernaghan · Published 3 September 2026
Since February 2024, the NSW early drug diversion initiative lets police give an eligible adult found with a small amount of an illicit drug, other than cannabis, a $400 fine or a health intervention instead of charging them. A person can receive it up to two times. It does not apply to supply, manufacture, or importation, to minors, or to people with prior serious drug convictions.
What is the early drug diversion initiative?
The early drug diversion initiative, which commenced in New South Wales in February 2024, gives police the option to deal with an eligible person found in possession of a small amount of an illicit drug, other than cannabis, without charging them. Instead, the person can be given a fine of $400, or can complete a telehealth drug intervention.
It is a pre-court diversion. The aim is to treat low-level personal drug use as a health issue, and to keep eligible people out of the court system for a minor possession matter.
Who is eligible?
The initiative applies to adults found with no more than a small quantity of an illicit drug, other than cannabis, which is covered by its own scheme. There are important exclusions. It does not apply to people under 18, to drug supply, manufacture, or importation offences, to a person found with more than a small quantity, to a person found with more than one type of drug, to a person who has already received the maximum number of these fines, or to a person with prior convictions for serious drug offences.
So it is aimed squarely at low-level personal possession by a person without a serious drug history. Anyone outside those bounds is not eligible.
How many times can you receive it?
A person can receive the diversion up to two times. After that, a further eligible possession offence will generally be dealt with by a charge rather than diversion. Like the cannabis scheme, it is a limited opportunity, not an unlimited one.
So the initiative gives a genuine chance to avoid a charge for low-level use, but it is not a permanent shield against the consequences of continued offending.
Why diversion is better than a charge
Being diverted means no charge, no court, and no conviction for the possession. A fine or a health session, dealt with out of court, avoids the criminal record and the consequences that a possession conviction can carry. For a small amount of a drug, that is a much better outcome.
This is why it matters whether the initiative applies. Diversion keeps a minor matter from becoming a criminal record.
What if you are charged instead?
The initiative depends on eligibility and on police applying it, so a person may still be charged, for example where the quantity is above the small threshold or where they are not eligible. If you are charged with drug possession, there may still be options, including a section 10 and, for some, referral to the Drug Court or an adjournment for treatment.
So even a charge is not the end of the diversion options. Advice on which pathway fits your situation is worthwhile. For cannabis, the cannabis cautioning scheme is the relevant scheme.
Frequently asked.
What is the early drug diversion initiative in NSW?
A scheme that commenced in February 2024 letting police give an eligible adult found with a small amount of an illicit drug, other than cannabis, a $400 fine or a health intervention instead of charging them.
Who is eligible for drug diversion in NSW?
Adults found with no more than a small quantity of an illicit drug other than cannabis. It excludes minors, supply, manufacture and importation, larger quantities, more than one drug, people who have used it twice already, and those with prior serious drug convictions.
How many times can I get drug diversion?
Up to two times. After that, a further eligible possession offence will generally be dealt with by a charge rather than diversion.
Does drug diversion give me a criminal record?
No. Being diverted means no charge, no court, and no conviction for the possession. A fine or health session dealt with out of court avoids a criminal record.
What if I am not eligible or get charged anyway?
There may still be options, including a section 10 to avoid a conviction, or referral to the Drug Court or an adjournment for treatment. For cannabis, the cannabis cautioning scheme is the relevant scheme.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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