Drug charges - possession, cultivation & supply
Drug charges range from possession of a small amount for personal use to large-scale supply. The class of drug, the alleged quantity and a person's role drive both the charge and the likely sentence, alongside acknowledgement of difficult personal circumstances associated with issues such as addiction.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
Drug offences are charged under the Misuse of Drugs Act 1975. Drugs are graded Class A (e.g. methamphetamine, LSD), Class B (e.g. MDMA, some prescription drugs) and Class C (e.g. cannabis). The main charges are:
- Possession or use, having a drug for personal use.
- Possession for supply, possession together with an intention to supply, which police often seek to infer from quantity, cash, scales or messages.
- Supply, dealing, cultivation, manufacture or importation, the most serious category.
Luke has acted in drug matters across the full spectrum, from simple possession through to cultivation, manufacture, importation and large-scale commercial supply, including methamphetamine at every level.
Methamphetamine, and the Zhang and Berkland approach
Methamphetamine is a Class A drug and carries some of the heaviest maximum penalties in New Zealand law. For supply-type methamphetamine charges, sentencing is generally guided by the Court of Appeal's decision in Zhang v R [2019] NZCA 507 together with the Supreme Court's decision in Berkland v R [2022] NZSC 143. These cases approach sentencing through bands that reflect the quantity involved and, importantly, the person's role and culpability, rather than quantity alone. Genuine steps toward rehabilitation, and the personal circumstances that often sit behind addiction, can also carry real weight.
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| Possession or use, Class A | Up to 6 months / $1,000 |
| Possession or use, Class B or C | Up to 3 months / $500 |
| Supply or dealing, Class A / B / C | Up to life / 14 years / 8 years respectively |
Personal-use possession is treated very differently from supply. Police may rely on quantity to allege an intent to supply, and for methamphetamine the courts focus on role and culpability rather than quantity alone. The figures above are statutory maximums and are rarely the sentence actually imposed.
The court process
Drug cases, and methamphetamine cases in particular, can be lengthy. Disclosure is often extensive, and some matters run for a year or more, sometimes several years, before they are resolved. Because you may be living with a case for a long time, it is important to get advice early, so you understand what lies ahead and have someone alongside you through it. This is general information only; how any particular case proceeds depends on its own facts.
Reducing the consequences
- Challenging an alleged intent to supply to reduce the charge to possession.
- Diversion or a discharge without conviction for genuine personal-use matters.
- Addiction and rehabilitation evidence to support a reduced sentence.
- Police now have discretion not to prosecute minor personal use, worth raising early.
Frequently asked questions
Will I be convicted for possession of a small amount?
Not necessarily. For genuine personal-use possession, police have discretion not to prosecute, and diversion or a discharge without conviction may be available. It depends on the drug, the amount and your history.
What's the difference between possession and possession for supply?
Possession for supply means you possessed the drug intending to supply it, a far more serious charge. Police often infer intent from quantity, cash or messages. Challenging that inference is frequently key to the defence.
What are the Zhang and Berkland sentencing bands for methamphetamine?
In Zhang v R the Court of Appeal set out sentencing bands for methamphetamine offending, and in Berkland v R the Supreme Court emphasised that a person's role and culpability, not quantity alone, are central. The bands are a starting framework, then adjusted for the circumstances of the individual case.
Can addiction help my case?
Where addiction is linked to the offending, it can support a reduced sentence, particularly alongside genuine rehabilitation. How much it affects any particular case depends on the facts.
Will I go to jail for a drug charge?
Personal-use charges rarely lead to jail. Supply charges, especially involving Class A drugs like methamphetamine, are far more serious, and the quantity and your role are the biggest factors.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
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