Drug Possession
Drug Possession Lawyers Perth
Possession is a confronting drug charge – especially for those with no prior contact with the criminal justice system. Whether the offence involves a small amount of cannabis or a more serious substance like methamphetamine, it is important to contact a drug offence lawyer as soon as possible.
At Chambers Legal, our team will guide you through the legal process with professionalism, clarity and discretion. Based in Perth, they will explain how your charges are defined under the Misuse of Drugs Act 1981 (WA) and advise you as to the best course of action.
Knowing the stress of facing a criminal charge, we work to ensure your rights are protected and that every option is presented to you, providing you with confidence throughout the legal process.
Understanding Drug Possession Charges in WA
Under WA law, possession doesn’t just mean physically holding a drug. It can also include having drugs in your home, your vehicle or amongst your belongings. They also don’t have to be yours, providing the prosecution can prove that you knew about them and had some degree of control over them.
Drug possession charges typically fall into one of two categories:
- Simple possession, which involves small amounts for personal use
- Possession in a quantity close to trafficking thresholds, where police may allege there was intent to sell or supply
If you have been charged with either possession offence, it is important to contact a Perth-based drug lawyer such as Chambers Legal. We will help you understand the category of your offence and clear up any information you don’t understand.
What Substances Are Prohibited in Western Australia?
Possession charges can relate to any prohibited substance listed in the Misuse of Drugs Act. These include, but are not limited to:
- Cannabis
- Methamphetamine
- MDMA (ecstasy)
- Cocaine
- LSD
- Prescription medications held without authority (e.g. opioids)
These substances are classified as either Schedule 1 or 2. The severity of the charge and the applicable court jurisdiction will depend on the classification of the drug and the quantity the accused is alleged to have possessed.
What Are the Penalties for Drug Possession in WA?
Penalties for drug possession vary depending on the type and quantity of drug, the accused’s criminal history and other surrounding circumstances.
Possible outcomes include:
- Fines of up to $5,000
- Community-based orders
- Suspended imprisonment of up to 2 years
- A custodial sentence (especially for repeat or serious offences)
For low-level offences, the court may also consider diversionary options such as a Cannabis Intervention Requirement (CIR) or a court-based drug diversion, which can see the accused avoid a formal conviction.
It is important to contact a drug offence lawyer as soon as possible to form a clear understanding of the penalties you may be facing.
Can You Defend a Drug Possession Charge?
Yes – depending on the facts of your case, there are many avenues that drug offence lawyer can apply. Common defences include:
- Lack of knowledge: You were unaware the substance was present
- Lack of control: The drugs were not in your custody or control
- Unlawful search or seizure: Your rights may have been violated during the investigation
- Mistaken identity or issues with the chain of evidence
Chambers Legal’s drug defence lawyers will examine the evidence and determine whether the prosecution can meet its burden of proof. From there, our team can seek to have the charges withdrawn, downgraded or dismissed and present you with an appropriate defence.
Do You Need a Lawyer for a Drug Possession Charge?
Even minor drug charges can carry long-term consequences. Being caught with a small amount of cannabis (weed) can lead to criminal records, visa complications and limitations on employment. If you’re hoping to avoid conviction or secure a spent conviction order, it is essential to engage a drug offence lawyer.
At Chambers Legal, we help you understand your options by:
- Explaining your rights and the working of the legal process
- Identifying available defences
- Navigating police interviews and court proceedings
- Advocating for sentencing outcomes that minimise long-term harm
What Does a Drug Possession Lawyer Cost?
Chambers Legal offers a low rate for initial consults: just $99 an hour to speak with a drug lawyer in our Perth office. At this consult, we will provide you an outline of your case and an estimate of future fees. You can read more about our pricing here.
We take great pride in our transparent and honest approach, so you’ll be well-informed about pricing every step of the way.
Contact a Drug Possession Defence Lawyer in Perth
If you have been charged with drug possession in WA, securing early legal advice can make a significant difference to the outcome of your case. At Chambers Legal, we have a dedicated team of criminal defence drug lawyers who will take the time to listen, assess your case and provide tailored advice.
If you would like to speak with a member of our staff or are looking for more information, please contact us at (08) 9500 8915 or [email protected]. If you would prefer, we also offer free, 15 minute phone consultations.