If you are planning a trip to Australia, then criminal lawyers and the justice department of the country strongly advise you to review the drug legislation. Drug related criminal offenses in Australia are covered by the DPCSA act and fall under two categories, namely:

  • Legal and restricted

  • Illegal

The Federal Customs Act, specific to each Australian state, has the role of controlling the importation of drugs that fall under the aforementioned categories as well as the distribution/traffic of said substances and their production/cultivation. It is necessary to mention the fact that the authorities differentiate between usage and supplying when determining the penalty that applies. Let’s first review the categories of drug related offenses.

The Australian take on drug offenses

You can be charged with “Use” if you smoke, inhale or utilize any alternative means to introduce an illegal substance that presents the risk of dependency in your body.

The charge of “Possession” – the most frequently encountered one, according to the authorities – applies when you are found in custody of an illegal substance or when that drug is discovered on your property. However, possession charges can be countered by disproving that you own or had knowledge of those drugs.

“Cultivation” is the accusation of growing and tending to a culture of plants that falls under the category of illegal substances. Whether your sow the seeds, perform the necessary action to ensure the plants grow or simply harvest the crop, you can be charged with cultivation.

The most serious drug offense in Australia – and typically all around the world, for that matter – is “Trafficking”. There are several factors that could determine a criminal lawyer of the state to press trafficking charges, including the situation when you are found prepping the illegal substances, caught in the act of selling/exchanging them and simply verbally agreeing to take part in an traffic operation. Be advised, trafficking commercial quantities of illegal/controlled substances attracts severe penalties!

Legal and restricted drugs in Australia

Alcohol legislation is less strict in this country and minors are even allowed to consume this substance if they are accompanied and have the approval of a parent or legal guardian. However, the penalties for drink driving are quite severe, varying from substantial fines to driving disqualification and even prison time.

Tobacco products are illegal for any person under the age of 18, but selling them to minors is also punishable by law. In addition to that, it is also illegal to smoke tobacco products in public areas and vehicles with children on board.

Amphetamines can only be obtained via a medical prescription and there are pretty harsh legal penalties for an individual found under the influence of this substance without one. At the same time, prescription forgeries or acquiring a prescription under false pretenses is also punishable by law. The same applies for Benzodiazepines and Ketamine.

In regards to “Khat”, the possession of the substance for personal use is not against the law. However, the authorities control the importation of Khat very strictly and you will need a special permit to conduct such transactions.

Illegal drugs in Australia

The list includes:

  • Cannabis in both the natural and synthesized version

  • Cocaine

  • GHB

  • PCP

  • LSD

  • Heroine

  • Ecstasy

Joshua Mattel is a hard-working law student. He loves writing blogs in his free time. He recommends criminal lawyers in Ringwood, Australia, to help people with their legal problems.