Understanding ACT Cocaine Laws & Penalties

How Drug Diversion Programs Work

1. Counselling and Treatment: Participants undergo an assessment conducted by a health professional and receive personalised support addressing the root causes of their drug use.
2. Educational Programs: Raise awareness about the risks of drug use and strategies for recovery.
3. Ongoing Support Services: Connect individuals to rehabilitation centres, community outreach, and helplines.

This approach empowers participants to rebuild their lives while reducing the likelihood of reoffending.



What Are the Allowable Amounts of Illicit Drugs Under ACT Law

Decriminalisation applies only to personal possession within the allowable limits and does not legalise cocaine or any other illicit drug. The government has established clear limits on what constitutes a small amount of illicit drugs for personal use. These include:

Exceeding these amounts may result in more severe penalties, including criminal charges.



Is Cocaine Legal in Canberra?

No, cocaine remains illegal in Canberra. While the ACT has introduced new laws decriminalising the possession of small amounts of cocaine, it is still classified as a controlled drug under Australian and ACT legislation. This means it is illegal to manufacture, distribute, or engage in drug use without proper authorisation. 

Importantly, decriminalisation does not mean legalisation. Illicit drugs remain unlawful, and any possession beyond the allowable limit can still result in significant legal consequences under the criminal justice system. In such instances, consulting a criminal lawyer you can trust is essential to understand your rights and responsibilities.

Penalties for Cocaine-Related Offences

Cocaine-related activities are considered serious criminal offences with penalties varying based on the nature of the offence and the quantity of the illicit drug involved.



1. Administering Cocaine

It is illegal to administer cocaine to another person, yourself, or an animal without proper authorisation. The maximum penalty is a fine of 100 penalty units and/or 1 year imprisonment.



2. Possession of Cocaine

Possession is also an offence, carrying a maximum penalty of 50 penalty units ($9,500) and/or 2 years imprisonment. To secure a criminal conviction, the prosecution must prove you had custody or control of the substance, knew about it, and that the substance was cocaine.



3. Selling or Supplying Cocaine

Selling or supplying cocaine carries a maximum penalty of 500 penalty units and/or 5 years imprisonment. This includes participating in the sale, supply, or possession of cocaine with intent to distribute.



4. Trafficking Cocaine

Trafficking involves selling, transporting, concealing, or preparing cocaine for sale. Penalties range from fines of 1,000 penalty units to life imprisonment, depending on the amount of illicit drugs involved.



5. Manufacturing Cocaine

Manufacturing cocaine is a serious offence with penalties of up to 1,000 penalty units and/or 10 years imprisonment. For commercial quantities, penalties escalate to life imprisonment. Manufacturing includes processes like extracting, refining, or financing production.



6. Manufacturing Cocaine for Selling

The offence becomes even more serious if the cocaine is manufactured with the intent to sell it or with the belief that someone else will sell it. The penalties escalate significantly depending on the quantity produced:

• Less than 3kg (commercial quantity): 

Up to 15 years imprisonment and/or a fine of 1,500 penalty units.

• 3kg or more (commercial quantity):

Up to 25 years imprisonment and/or a fine of 2,500 penalty units.

• 6kg or more (large commercial quantity): Life imprisonment.



7. Driving Under the Influence

Drug use is strictly prohibited when operating a vehicle in the ACT. Random roadside drug testing is a critical tool used to identify drivers under the influence of drugs, ensuring safety for all road users. Even small traces of drugs detected in a driver’s system can result in significant penalties, including license suspension, fines, or imprisonment.

Takeaway

The public reception of the ACT’s new laws highlights both optimism and valid concerns. While the shift to a health-based approach has been widely praised, ongoing debates emphasise the need for thoughtful implementation and robust support systems. 

Navigating laws surrounding drug use and illicit substances can be challenging. With expertise in criminal law, Andrew Byrnes Law Group provides dedicated support to protect your rights and guide you through the complexities of the legal system. Contact us today to book a free consultation and receive the expert advice you need.