This page contains practical information about Commonwealth drug related offences including importation, manufacturing and possession of controlled drugs.
COMMONWEALTH DRUG DEFENCE LAWYERS
Charged with commonwealth drug offences?
Get immediate legal advice from specialist lawyers who know how to fight commonwealth drug charges.
Indictable offence
Usually heard in the District Court
2 years to life imprisonment
Commonwealth Drug Offences Key Facts
| Offence | Importing, exporting, trafficking, possessing, or manufacturing controlled drugs under the Criminal Code Act 1995 (Cth) — these offences fall under federal law, not just state law. |
| Maximum Penalty | Maximum penalties vary: simple possession up to 2 years; large commercial importation or trafficking can attract life imprisonment and heavy fines. |
| Typical Sentence | Sentences depend on the quantity, role in the operation, and prior offending; penalties range from fines and suspended sentences to long prison terms for large-scale trafficking. |
| Which Court? | Usually heard in the District or Supreme Court of South Australia; Commonwealth prosecutions are handled by the Commonwealth Director of Public Prosecutions (CDPP). |
| Process Timeline | Federal investigation (often by AFP or Border Force) → Arrest → Police Interview → Bail Consideration → Committal in Magistrates Court → Trial in District or Supreme Court → Sentencing if convicted. (Average: 9-24 months) |
| Possible Defences |
1. Lack of Knowledge - Arguing the accused did not know about the drugs. 2. Duress - Showing threats or coercion forced the offence. 3. No Possession or Control - Proving the drugs were not in the accused’s possession or control. |
Commonwealth Drug Offences Case Scenarios
Below are examples of how commonwealth drug offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
(Less than 25g)
Mid-Level Offence
(25-100g)
High-Level Offence
(100+g)
Low-Level Offence
(Less than 25g)
Scenario:
An individual is found in possession of less than 25 grams of cannabis for personal use.
What to expect:
May result in an expiation notice with a fine of $150, avoiding a criminal conviction.
Mid-Level Offence
(25-100g)
Scenario:
An individual is found in possession of between 25 grams and 100 grams of cannabis, indicating potential for more than personal use.
What to expect:
Could lead to a higher expiation notice fine of $300, still avoiding a criminal conviction if paid promptly.
High-Level Offence
(100+g)
Scenario:
An individual is caught with more than 100 grams of cannabis, suggesting intent to supply or distribute.
What to expect:
Likely to result in a court appearance, with potential penalties including a fine of up to $2,000 and/or imprisonment for up to 2 years.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Talk to a Lawyer Today
Your first consultation is free.
Commonwealth Drug Offences FAQ’s
If you need more information about commonwealth drug offences offences in South Australia, these FAQs answer the most common questions.
What are Commonwealth drug offences in South Australia?
Commonwealth drug offences are federal crimes that typically involve the importation, exportation, possession, or trafficking of controlled drugs across Australian borders. These offences are prosecuted under laws like the Criminal Code Act 1995 (Cth) and the Customs Act 1901 (Cth) and apply nationwide, including in South Australia.
What law applies to Commonwealth drug charges?
The main laws include:
- Criminal Code Act 1995 (Cth)
- Criminal Code Regulations 2002 (Cth)
- Customs Act 1901 (Cth)
These regulate drug importation, trafficking, possession, and other related conduct involving border control or federal jurisdiction.
What is considered a ‘controlled drug’ under Commonwealth law?
A controlled drug is any substance listed in Schedule 1 of the Criminal Code Regulations 2002. This includes common illicit substances such as cocaine, heroin, methamphetamine, MDMA, LSD, and fentanyl — as well as analogue substances with similar chemical properties.
What are the different drug quantities under Commonwealth law?
Drug offences are classified by:
- Trafficable quantity – smallest (e.g., grams)
- Marketable quantity – mid-level (e.g., hundreds of grams)
- Commercial quantity – largest (e.g., kilograms)
Penalties increase with higher quantities.
What is the penalty for importing a commercial quantity of drugs?
Importing a commercial quantity of a controlled drug carries a maximum penalty of life imprisonment under the Criminal Code Act 1995 (Cth).
What is the penalty for possessing a marketable quantity of an unlawfully imported drug?
Possessing a marketable quantity of an imported drug can lead to a maximum of 25 years’ imprisonment, depending on the substance and surrounding circumstances.
Can you be charged for attempting to import drugs under Commonwealth law?
Yes. Attempting to commit a Commonwealth drug offence (e.g., arranging to import drugs) carries the same penalty as if the offence had been completed, including life imprisonment in serious cases.
What is the difference between Commonwealth and South Australian drug offences?
- Commonwealth offences focus on importation/exportation, international trafficking, or conduct across borders, and are prosecuted federally.
- South Australian offences (under the Controlled Substances Act 1984 (SA)) cover local possession, cultivation, manufacturing, and trafficking within the state.
What is drug ‘possession’ under Commonwealth law?
Possession includes physical custody or control over a drug, even if it’s stored elsewhere (e.g., in a locker or safe). Both sole and joint possession are recognised under federal law.
Are precursors and drug manufacturing equipment illegal under Commonwealth law?
Yes. It is an offence to possess equipment, instructions, or precursor substances intended for the manufacture or cultivation of controlled drugs, especially for commercial-scale operations.
Can I be charged with a Commonwealth drug offence even if I never received the drugs?
Yes. If you arranged for the importation or delivery of a drug, even if you never physically received it, you may still be criminally liable.
What defences are available to Commonwealth drug offences?
Defences may include:
- Lack of knowledge (you didn’t know the package contained drugs)
- No intent to commit the offence
- Duress or coercion
- Mental impairment
- Unlawful search or seizure
Can I be charged under both Commonwealth and State drug laws?
In theory yes, but typically you are charged under one jurisdiction only — usually Commonwealth law where importation or border control is involved, and State law for local trafficking or use.
Who prosecutes Commonwealth drug offences in South Australia?
Commonwealth offences are prosecuted by the Commonwealth Director of Public Prosecutions (CDPP), rather than state police or prosecutors.
Which court hears Commonwealth drug offences in SA?
Depending on the severity, matters may begin in the Magistrates Court but serious drug offences (especially involving commercial quantities) will proceed to the District or Supreme Court of South Australia.
South Australia’s Leading Drug Defence Lawyers
What Our Clients Say
We have defended thousands of criminal cases over many decades and we constantly achieve outstanding results for our clients.
KNOW YOUR RIGHTS
Arrested or Spoken to by Police?
Talk to a Specialist Defence Lawyer
Get immediate legal advice today.
Book a Free Consultation
Your first consultation is free.