About this guide
Who wrote and reviewed this?
Author: Alex Tan, LL.B (Hons), GDLP — Australian lawyer (Criminal law)
Legally reviewed by: Priya Nair, Barrister-at-Law (NSW Bar), LLM — Criminal defence and sentencing
Publication: 1 November 2024 · Last updated: 17 April 2026
How to use it
Start with the comparison tables, then open your state guide for exact thresholds and current penalty units. If you have a court date or police contact, use the form below for help within 1 business day.
Important: Actual outcomes depend on the jurisdiction, drug, quantity, role (user vs supplier), plea, record, and programs completed. Courts sentence case-by-case.
Compare penalties across Australia
The tables below summarise maximum penalties and common outcomes. Open your state/territory guide for detailed thresholds and examples.
Simple possession (personal use) — maximums and typical outcomes
| Jurisdiction | Maximum penalty (simple possession) | Typical first‑offence outcome (small amount) | Diversion? |
|---|---|---|---|
| NSW | Up to 2 years and/or fine (Drug Misuse and Trafficking Act 1985 (NSW) s 10) | Fine or non‑conviction order in Local Court | MERIT; Cannabis Cautioning |
| VIC | Up to 1 year and/or fine for small quantity (Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 73) | Police/Court Drug Diversion or fine | Yes (Police and Court diversion) |
| QLD | Up to 15 years depending on drug/quantity (Drugs Misuse Act 1986 (Qld) s 9) | Drug diversion or fine for minor amounts | Illicit Drugs Court Diversion |
| WA | Up to 2 years and/or fine (Misuse of Drugs Act 1981 (WA) s 6(2)) | Fine; intervention for cannabis | Cannabis Intervention Requirement |
| SA | Up to 2 years and/or fine (Controlled Substances Act 1984 (SA)) | Expiation/fine or court‑imposed bond | Illicit Drug Diversion Initiative |
| TAS | Up to 2 years and/or fine (Misuse of Drugs Act 2001 (Tas)) | Diversion or fine | Illicit Drug Diversion |
| ACT | Small quantities decriminalised (civil fines); otherwise up to 2 years (Drugs of Dependence Act 1989 (ACT)) | Infringement notice or diversion | Health-based diversion |
| NT | Up to 2 years and/or fine (Misuse of Drugs Act 1990 (NT)) | Diversion or fine | Pre‑Court Diversion |
Get a quick check of your likely outcome
Supply/trafficking — indicative maximums
| Jurisdiction | Non‑commercial supply/trafficking | Commercial or large commercial | Notes |
|---|---|---|---|
| NSW | Up to 15 years (Drug Misuse and Trafficking Act 1985 (NSW) s 25) | Up to life imprisonment (commercial/large commercial) | “Deemed supply” if ≥ traffickable quantity (s 29) |
| VIC | Up to 15 years (Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 71AC) | Up to 25 years (commercial) or life (large commercial) | Thresholds by schedule and drug |
| QLD | Up to 25 years (Schedule 1); 20 years (Schedule 2) (Drugs Misuse Act 1986 (Qld) s 5) | Higher ranges when aggravating quantities proven | Serious organised crime provisions may apply |
| WA | Severe penalties; commonly up to 25 years (Misuse of Drugs Act 1981 (WA)) | Up to life for the most serious categories | Thresholds trigger superior court jurisdiction |
| SA | Up to 15 years (Controlled Substances Act 1984 (SA) s 32) | Life for large commercial | Deemed supply thresholds apply |
| TAS | Serious trafficking offences up to 21 years (Misuse of Drugs Act 2001 (Tas)) | Higher for commercial/large commercial | Quantity tables in regulations |
| ACT | Up to 15 years (Criminal Code 2002 (ACT)) | Higher for commercial/large commercial | Supply to minors increases penalties |
| NT | Severe penalties; often up to 14–25 years (Misuse of Drugs Act 1990 (NT)) | Higher for commercial/large commercial | Serious drug offences list |
Cultivation/production/manufacture — indicative maximums
| Jurisdiction | Non‑commercial cultivation/production | Commercial/large commercial | Notes |
|---|---|---|---|
| NSW | Up to 10–15 years depending on drug and count | Up to life (commercial/large commercial) | Indoor enhanced cultivation treated more seriously |
| VIC | Up to 15 years (manufacture/cultivate) | 25 years to life for commercial/large commercial | Hydroponic set‑ups often aggravating |
| QLD | Up to 20–25 years depending on schedule | Higher where aggravating quantities proven | Serious drug offence declarations possible |
| WA/SA/TAS/ACT/NT | Commonly up to 10–25 years | Up to life for the highest categories | Exact thresholds vary—see state guides |
Threshold quantities that change the charge
Each jurisdiction sets “trafficable/traffickable”, “indictable”, “commercial” and “large commercial” quantities. Crossing a threshold can elevate a possession matter into deemed supply/trafficking and move the case to a higher court.
NSW quick examples (Drug Misuse and Trafficking Act 1985 (NSW))
| Drug | Traffickable | Indictable | Commercial | Large commercial |
|---|---|---|---|---|
| Cocaine / Heroin / Methylamphetamine | 3 g | 5 g | 250 g | 1 kg |
| MDMA (ecstasy) | 0.75 g (approx. 3 tablets) | 1.25 g | 125 g | 500 g |
| Cannabis leaf | 300 g | 1 kg | 25 kg | 100 kg |
Source: Drug Misuse and Trafficking Act 1985 (NSW) and associated Schedules; see NSW legislation for the full official tables.
Importation (Commonwealth offences)
Importation is prosecuted under the Criminal Code (Cth), Division 307, and applies nationally regardless of where the package lands or who receives it. Penalties depend on the amount (any, marketable or commercial quantity).
| Offence (Criminal Code (Cth)) | Quantity | Maximum penalty |
|---|---|---|
| s 307.3 | Any quantity | 10 years and/or 2,000 penalty units |
| s 307.2 | Marketable quantity | 25 years and/or 5,000 penalty units |
| s 307.1 | Commercial quantity | Life imprisonment and/or 7,500 penalty units |
Common marketable/commercial quantities (examples)
| Drug (border‑controlled) | Marketable quantity | Commercial quantity | Source |
|---|---|---|---|
| Cocaine | 2 g | 2 kg | Criminal Code Regulations 2019 (Cth), Sch 1 |
| Methylamphetamine | 2 g | 2 kg | Criminal Code Regulations 2019 (Cth), Sch 1 |
| Heroin | 2 g | 1.5 kg | Criminal Code Regulations 2019 (Cth), Sch 1 |
| MDMA | 0.5 g | 500 g | Criminal Code Regulations 2019 (Cth), Sch 1 |
| Cannabis (THC) | 2 g (pure THC) | 2 kg (pure THC) | Criminal Code Regulations 2019 (Cth), Sch 1 |
Check the current tables: Quantities are defined by the Criminal Code Regulations 2019 (Cth) Schedule 1 and may refer to pure quantity. Always confirm the current compilation before relying on a figure.
Key legislation and official references:
- Criminal Code (Cth) ss 307.1–307.3 (importation): s 307.1 · s 307.2 · s 307.3
- Criminal Code Regulations 2019 (Cth) Schedule 1 tables: Federal Register of Legislation
Diversion and rehabilitation programs
Diversion aims to address drug use and reduce re‑offending. Programs usually target small‑quantity possession by first‑time or low‑risk defendants who consent to treatment and admit the offence. Completion often avoids a conviction.
Examples by jurisdiction
- NSW: MERIT (Local Court referral), Cannabis Cautioning Scheme
- VIC: Police Drug Diversion and Court Drug Diversion
- QLD: Illicit Drugs Court Diversion
- WA: Cannabis Intervention Requirement
- SA: Illicit Drug Diversion Initiative
- TAS: Illicit Drug Diversion
- ACT: Health‑based diversion (plus small‑quantity decriminalisation)
- NT: Pre‑Court Diversion
Eligibility signals
- Small/personal‑use quantities
- Limited or no criminal history
- Consent to assessment and treatment
- Timely plea or admission to possession
Costs, timeframes and local lawyers
What does help cost?
- Initial call or email triage: free
- Fixed‑fee plea in the Local/Magistrates Court: typically $1,200–$3,500
- Contested hearing (1 day): typically $5,000–$15,000 depending on evidence
- District/County/Supreme Court matters: typically $15,000+; counsel fees extra
Legal Aid or duty lawyer may be available if you meet means and merit tests.
Coverage and contact
We connect you with vetted criminal defence lawyers near you across NSW, VIC, QLD, WA, SA, TAS, ACT and NT.
- Response time: within 1 business day
- Office hours: Mon–Fri, 8:00am–6:00pm (AEST/AEDT)
- Confidential and obligation‑free
Open your state or territory penalty guide
Threshold tables and typical outcomes in NSW. VIC drug penalties
Victorian quantities, penalty units and diversion. QLD drug penalties
Schedule 1 vs Schedule 2 and sentencing in QLD. WA drug penalties
WA offence types and likely courts. SA drug penalties
SA quantities and diversion options. TAS drug penalties
Tasmanian offence categories and outcomes. ACT drug penalties
Decriminalisation and remaining offences. NT drug penalties
Serious drug offences and diversion.
Related criminal law guides
Primary legislation and official resources
- Commonwealth: Criminal Code Act 1995 (Cth), Div 307 (importation) — AustLII
- Criminal Code Regulations 2019 (Cth) — Schedule 1 quantity tables — Federal Register
- NSW: Drug Misuse and Trafficking Act 1985 (NSW) — NSW Legislation
- VIC: Drugs, Poisons and Controlled Substances Act 1981 (Vic) — AustLII
- QLD: Drugs Misuse Act 1986 (Qld) — QLD Legislation
- WA: Misuse of Drugs Act 1981 (WA) — WA Legislation
- SA: Controlled Substances Act 1984 (SA) — SA Legislation
- TAS: Misuse of Drugs Act 2001 (Tas) — TAS Legislation
- ACT: Drugs of Dependence Act 1989 (ACT) and Criminal Code 2002 (ACT) — ACT Legislation
- NT: Misuse of Drugs Act 1990 (NT) — NT Legislation
Drug offences FAQ
Will a conviction appear on my criminal record?
Yes. A conviction is recorded unless the court makes a non‑conviction order (name varies by state). Spent conviction schemes may limit disclosure after a period if you have no further offences.
Do police have to prove “supply” for deemed supply?
Not initially. If you possess at least a traffickable quantity, the law can presume supply. You can rebut the presumption (e.g., evidence of personal use only). Thresholds are state‑specific.
What reduces penalty risk?
Early legal advice, drug assessment/treatment, clean tests, stable work/study, character references, and timely plea (if appropriate) commonly improve outcomes.
How long do these cases take?
Simple possession can resolve in weeks. Supply/trafficking and importation matters often take months due to lab analysis, brief service and higher court listings.
Free, confidential help with drug offence penalties
Use the form below to compare penalties, check diversion eligibility and get connected with a local criminal defence lawyer who handles your court.