Drug offences
Possession, supply, sale, manufacture, and more
If you’re facing charges for drug offences, the penalties can be serious. Getting legal help as soon as possible, especially before entering a plea, is often crucial to reducing the severity of any penalty.
Whether the charges are for possessing a small amount of illicit drugs for personal use or trafficking a commercial quantity, our lawyers have significant experience in defending drug offences and can help you understand your rights and options.
Get in touch to find out more about our services.
Frequently asked questions about drug offences
What are the types of drug offences?
South Australia has wide-ranging laws covering illicit drugs, including:
- Production
- Possession
- Supply
- Sale
- Cultivation
- Manufacture.
Depending on the quantity and type of drug and the circumstances of the alleged offending, different penalties, defences and sentencing principles will apply.
What are my rights if I’m arrested for a drug offence?
If you’re arrested for a drug offence, you have the right to remain silent and not answer any questions about the incident.
However, there are some questions you must answer, including your:
- Full name
- Date of birth
- Home address.
If drugs are located in a car, you may be legally required to answer other questions such as who was the driver of a vehicle at a specific time.
When being questioned by police, you can ask them whether you’re legally obliged to answer the question before responding.
When you’re not legally required to answer, we strongly recommend exercising your right to silence. Remember, anything you say or do can be used against you.
You are legally allowed to have a solicitor, relative or friend present when being questioned while you are in police custody.
Are there any defences to drug charges?
Drug laws are complex, so there’s a range of possible defences, depending on the charges. For example, if you’re charged with possession or trafficking of a controlled drug, it may be a defence if you were not in physical control of the drug or did not know that you had possession of it.
Because there are other possible defences, seek our legal advice as soon as possible.
Can the police search me without a warrant?
In some circumstances, police can conduct searches without a warrant. For example, they may stop and search you, your vehicle or boat without a warrant if they reasonably suspect you of:
- Having stolen goods
- Being in possession of something that’s against the law
- Committing an indictable (serious) offence.
The law has protections against unlawful seizure. If you’re charged with a drug offence after you believe you were unlawfully searched, seek our legal advice as soon as possible.
Can I get into a drug rehabilitation program?
Sometimes, legal proceedings for simple drug possession offences can be stayed (paused) if you’re referred to a drug assessment and treatment service for an assessment.
After an assessment, you may be allowed to give an undertaking for up to six months to receive treatment or rehabilitation. Provided you complete your treatment or rehabilitation, the criminal charges will be withdrawn when the undertaking ends.
I’m worried about the charges because I’m drug dependent. What should I know?
If you’re dependent on drugs and facing charges that can be sentenced in the Magistrates Court, you may be eligible to participate in intervention programs in the Treatment Intervention Court.
What should I know if I’m charged with drug driving?
In South Australia, it is an offence to drive a motor vehicle with illegal drugs in your body. Drug driving laws are complex. While there are defences, success usually depends on the technical knowledge and experience of your lawyer.
How we can help
Drug offences can lead to serious penalties including:
- Significant fines
- Imprisonment
- Convictions that can impact career options.
For these reasons, seek our legal advice as soon as possible if you’re charged with a drug offence. We will explain your rights, assess the strength of the evidence against you and identify any possible defences. If we believe it would be in your best interests to negotiate with the prosecution or plead guilty for a sentencing discount (a reduction in your penalty for pleading guilty), we’ll give you that advice.
Get in touch for more information about drug offences.