Misuse of Drugs – Penalties

You can get a fine or prison sentence if you take, carry, make or sell drugs or psychoactive substances. The penalties depend on the drug and the amount you have, and whether you’re also dealing or producing the drug.

Potential Penalties for each class of drugs

The maximum penalties for drug possession, supply (dealing) and production depend on what type or ‘class’ the drug is.

Class Drug Possession Supply and production
A Crack cocaine, cocaine, ecstasy (MDMA), heroin, LSD, magic mushrooms, methadone, methamphetamine (crystal meth) Up to 7 years in prison, an unlimited fine or both Up to life in prison, an unlimited fine or both
B Amphetamines, barbiturates, cannabis, codeine, ketamine, methylphenidate (Ritalin), synthetic cannabinoids, synthetic cathinones (eg mephedrone, methoxetamine) Up to 5 years in prison, an unlimited fine or both Up to 14 years in prison, an unlimited fine or both
C Anabolic steroids, benzodiazepines (diazepam), gamma hydroxybutyrate (GHB), gamma-butyrolactone (GBL), piperazines (BZP), khat Up to 2 years in prison, an unlimited fine or both (except anabolic steroids – it’s not an offence to possess them for personal use) Up to 14 years in prison, an unlimited fine or both
Temporary class drugs* Some methylphenidate substances (ethylphenidate, 3,4-dichloromethylphenidate (3,4-DCMP), methylnaphthidate (HDMP-28), isopropylphenidate (IPP or IPPD), 4-methylmethylphenidate, ethylnaphthidate, propylphenidate) and their simple derivatives None, but police can take away a suspected temporary class drug Up to 14 years in prison, an unlimited fine or both

*The government can ban new drugs for 1 year under a ‘temporary banning order’ while they decide how the drugs should be classified.

If convicted your penalty will depend on:

  • the class and quantity of drug
  • where you and the drugs were found
  • your personal history (previous crimes, including any previous drug offences)
  • other aggravating or mitigating factors