Marijuana Laws in New South Wales

As I remarked upon in my previous writeup, Marijuana Laws in Victoria, there is a rather notable absence of information regarding these laws easily available and relevant outside the US. To help combat this, I am covering Australia state by state. As before, if you are facing criminal charges relating to cannabis I urge you to seek legal advice. I am not a lawyer and it is entirely possible that I have misconstrued the relevant legislation.

Summary offences include possession of cannabis, possession of implements for the cultivation or administration of cannabis, use of cannabis, administration of cannabis to another person. All of these offences carry a maximum penalty of A$2000 and/or two years incarceration. Perpetrators of these offences may not be charged when the amount concerned is not more that 30g of leaf, 5g of hashish, 2g of hash oil or five cannabis plants.

Indictable offences include cultivation of cannabis, supply of cannabis and possession of more than the small amounts mentioned above. Indictable offences involving amounts no greater than these small amounts can be dealt with summarily, with a maximum penalty of A$5000 and/or two years prison. Indictable offences involving 30-1000g of leaf, 5-90g of hashish, 2-10g of hash oil or less than 50 plants can also be dealt with summarily, with a maximum penalty of A$10,000 and/or two years imprisonment. However this is just a possibility, you can still be indicted.

If you are indicted for a quantity no greater than 25 kg of leaf, 2.5 kg of hash, 500g of hash oil or 250 plants there is a maximum penalty of A$200,000 and/or 10 years imprisonment. If the quantity is between 25-100 kg of leaf, 2.5-10 kg of hashish, 500g-2 kg of hash oil or 250-1000 plants there is a maximum penalty of A$350,000 and/or 15 years imprisonment. For amount larger than this the penalty is up to A$500,000 and/or 20 years imprisonment.

In the case of supplying to a person under the age of 16, an extra six months is added to the prison term for summary offences, otherwise an extra 20% is added to the fine. If the amount involved is greater than 25 kg of leaf, 2.5 kg of hashish, 500g of hash oil or 250 plants, there is a maximum penalty of $420,000 and/or 25 years imprisonment. Of course, this section only applies if you are over 18.

As always, /msg me with any corrections or additions.

Drug Misuse and Trafficking Act 1985

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