Drug Premises

Defences

There are a number of defences against drug premises charges. If you can provide evidence that the premises involved doesn’t fit the criteria of being a drug premises, you may be able to use this as a defence.

If you are charged with being found on drug premises, the most common defence is satisfying the court that you were on, leaving or entering the premises for a legitimate reason. This can be to drop off or pick up something not drug-related, or to visit a friend or family member who was at the premises at the time.

If you are charged with allowing use of a premises as a drug premises, some of the defences include not knowing and being genuinely mistaken as to how the premises was being used.

Penalties

Drug premises offences come with a number of different penalties, depending on the exact offence and whether or not any children were exposed to drugs or drug paraphernalia. The maximum penalties for drug premises charges are:

– Being found on, entering or leaving drug premises: 12 months’ imprisonment and/or a fine of $550,000 for a first offence. Five years’ imprisonment and/or a $55,000 fine for a second or subsequent offence.

– Allowing the use of premises as drug premises and organising drug premises: 12 months’ imprisonment and/or a fine of $550,000 for a first offence, five years’ imprisonment and/or a $55,000 fine for a second or subsequent offence. If a child is exposed to drugs, the drug process or drug paraphernalia, and the child’s health or safety is endangered, the maximum penalties increase. In this case, the penalties increase to 14 months’ imprisonment and/or a $6,600 fine for a first offence, and six years and/or a $66,000 fine for a second or subsequent offence.

Drug premises charges also come with a range of other penalties, including good behaviour bonds, community service orders, suspended sentences, intensive correction orders, and home detention.