In Western Australia, offences such as drug possession are defined by complex legal terminology.
For example, you may have heard the terms “Schedule 1” or “Schedule 2” drugs. These aren’t just technicalities, they directly affect how a possession case is handled and whether the court presumes the accused intended to sell or supply.
In this article, we explain what drug schedules are under WA law, how they influence criminal proceedings and what to do if you’re facing a charge.
What Are Drug Schedules in WA?
Under the Misuse of Drugs Act 1981 (WA), certain illicit substances are categorised into two key schedules:
Schedule 1: Covers more dangerous or commonly trafficked substances.
Schedule 2: Covers other prohibited drugs and controlled substances.
Each schedule sets specific thresholds for how much of a drug a person can possess before the law presumes they intended to sell or supply.
As such, these thresholds determine whether the offence is treated as simple possession or a more serious, supply-related charge. If you are facing a possession allegation, it is important to contact a Perth based drug lawyer and ensure you have a clear understanding of how schedules may affect your defence
Why Do These Schedules Matter?
If you’re charged with a drug offence in WA, the quantity of drugs in your possession is critical. If the quantity meets or exceeds the limit set in Schedule 1 or 2, the law automatically assumes you had the drugs for the purpose of selling or supplying, even if you had no such intent.
2 grams or more of methamphetamine (Schedule 1) can trigger the presumption.
4 grams or more of cannabis resin (Schedule 2) may also be enough.
If the presumption applies, you will be treated as someone allegedly involved in distribution. This carries much harsher penalties
Schedule 1 vs Schedule 2: What’s the Difference?
While both schedules involve quite serious penalties, Schedule 1 drugs are considered higher risk. Common examples include:
Schedule 1:
Methamphetamine (ice)
Heroin
Cocaine
MDMA (ecstasy)
Schedule 2:
Cannabis (leaf and resin)
LSD
Psilocybin (magic mushrooms)
Aside from the types of substances, the main difference between the two schedules is the threshold amounts that trigger the presumption of supply. In general, Schedule 1 drugs hold lower threshold quantities and carry higher penalties.
What If You’re Under the Threshold?
If the accused is found with a quantity below the Schedule 1 or 2 threshold, the burden remains with the prosecution to prove an intent to sell or supply. Otherwise, the charge will remain as simple possession and carry lighter penalties.
If the quantity is under the threshold, the following factors can still be used to allege intent:
Digital scales or distribution material
Large sums of cash
Messages indicating drug transactions
How Can a Drug Offence Lawyer Help?
If you’ve been charged with drug possession, one of our Perth-based lawyers can help you understand the charges, assess your options and protect your rights. They’ll review the evidence, identify any legal issues (such as unlawful search) and negotiate with the prosecution where appropriate.
Our team can also represent you in court, seek alternative outcomes like diversion or fines and apply for a Spent Conviction Order if eligible. Seeking legal guidance early ensures you’re not navigating the process alone and gives you the best chance at a fair and ideal result.
Can a Criminal Drug Lawyer Challenge the Presumption of Intent?
Yes. In many cases, challenging the presumption of intent is a core element of the defence.
If the accused is charged based on Schedule 1 or 2 quantities, their lawyer may argue that the drugs were for personal use or that there were no other indicators of supply.
With many facts in play, every case is different. It is essential to seek legal advice immediately to ensure you fully understand your charges and can secure the best possible outcome.
Contact Chambers Legal and Speak with a Drug Lawyer for Possession Charges
Being charged with a drug offence can be confronting and confusing, especially when the law presumes you intended to sell or supply. At Chambers Legal, we help clients challenge these presumptions, protect their rights and build strong legal strategies tailored to the facts of their case.
Our team has extensive experience in WA drug law and will advise you on your best course of action. Knowing that facing a criminal charge is an incredibly difficult time for the accused and those closest to them, we pride ourselves on operating with integrity and transparency. All of our advice is provided in writing and paired with clear, fair cost estimates.
If you need a lawyer for a drug possession charge, contact Chambers Legal on (08) 9500 8915 or email [email protected].
Alternatively, you can book a free 15-minute phone consultation.