What are the laws about crystal methamphetamine?

This section outlines the law for (including crystal methamphetamine 'ice') related offences in Australia. This information is a general summary of the law for methamphetamine and should not be taken as comprehensive legal advice.

If you have been charged with a drug you should contact a criminal lawyer for assistance.

The traffic, and of methamphetamine and its are in all Australia states and territories and against Commonwealth law.

Possession and use of methamphetamine is also an in most except for the of a small quantity of in the ACT.

It is also an offence in most parts of Australia to use methamphetamine or to possess any for using methamphetamine (e.g. a pipe) other than a needle and syringe.

In Queensland and the Northern Territory it is also prohibited to possess a needle and syringe if it is not disposed of safely or if it is considered a risk to society.

Drug Law Basics

Click to expand the sections below to find out more about different types of drug offences and their consequences.

Key legal terms and information
If charged with an you should receive a document which tells you what law police believe you have broken. For example: Section 73 of the Drugs Poisons and Controlled Substances Act (Vic).

Most drug offences in Australia are found in the following laws:
Each drug offence will have a maximum term of imprisonment attached to it along with a maximum fine that could be issued (listed as a ‘penalty unit’ or ‘PU’).

Fines can be issued along with, or as an alternative, to going to prison.

For example, a person convicted for possessing under Section 24 of the Misuse of Drugs Act 2001 (Tas) could incur the penalties of a fine up to 50 or imprisonment up to 2 years.

What does a ‘penalty unit’ mean in Australian dollars? That differs in each state and territory and changes every financial year.

This financial year (2023 to 2024) 1 penalty unit = $110 (NSW), $154.80 (QLD), $160 (ACT), $192.31 (VIC), $176 (NT), $195 (Tas), $313 (Cth).

South Australia and Western Australia do not provide 'penalty units' for offences, but list maximum fine amounts under law that a court could issue. For example, or consumption of a controlled drug in South Australia carries a maximum penalty of $3000. Similarly, or use of a prohibited drug in Western Australia (a 'simple offence') carries a maximum penalty of $2000 or to imprisonment for a term not exceeding 2 years or both.

Legal penalties for drug offences relating to methamphetamine are different across Australian jurisdictions.

Penalties also vary by the type of offence (i.e. vs. . The maximum penalties may also depend on whether the charges through or proceedings. See glossary for definitions.

The two most common drug offences are 'possession' and ‘supply or trafficking’ offences. So what do these offences mean?

includes physically carrying an illegal drug on you, or having it at your place of residence or in your motor vehicle. Possession also includes jointly possessing a drug with another person.

Possession is usually less serious than other drug offences such as or trafficking, but can still carry a prison sentence – particularly if someone has been charged multiple times.

Supply or trafficking means providing an illegal drug to another person (most people call this ).

Traditionally a trafficker is considered someone who exchanges drug(s) for money, property or services. However, if any illegal drug is passed onto others (even friends) this is also considered to be ‘trafficking’.

Being charged with ‘dealing’ methamphetamine is very serious and likely will result in a term of imprisonment.

You can be charged with supply or trafficking offences either because you are ‘caught’ dealing or you have in your possession enough methamphetamine that you are deemed to be supplying or trafficking the drug.

In most parts of Australia three levels of 'dealing' have been outlined;
- 'trafficable',
- ‘commercial’ and
- ‘large commercial’ or ‘marketable’ thresholds.
These thresholds are based on the quantity of drug involved. A ‘trafficable’ amount of methamphetamine can be as low as 2 grams.

People can still be charged with trafficking if they have less than these amounts. For example, if they are caught with evidence of intent to traffic, such as large sums of money, drugs distributed into multiple bags or in the act of supplying drugs to another — even friends.

What are the consequences of committing a drug offence?
Penalties if convicted of a drug vary depending on the seriousness of the offence and your personal circumstances. Sentences can include fines, imprisonment, rehabilitation orders and being disqualified from driving.

In the ACT, the possession of a small quantity of methamphetamine (less than 1.5 grams) is not automatically a criminal offence. Instead, a person found in possession of a small quantity of methamphetamine will be issued a ‘simple drug offence notice’ requiring them to either pay a fine of $100 or to attend an approved drug diversion program within 60 days of being issued the notice. If a person pays the fine or attends a diversion program no criminal liability will result. However, if a person does not comply with the notice they can be charged with a criminal offence.

If you receive a criminal conviction it can have a serious impact on your future prospects. For example, it can stop you being able to visit some countries (e.g. the USA), limit the types of jobs you can apply for, or lead to you being refused a job, dismissed or denied a promotion.

Some states and territories (e.g. Queensland, Victoria, South Australia and Western Australia) have diversion programs which may mean you can avoid a conviction and/or a serious penalty by undertaking drug treatment or education programs.

All States and Territories also have specific diversion programs for young offenders which can help avoid a conviction.

From October 2023, the ACT will decriminalise the possession of small quantities of methamphetamine as long as the amount possessed is under the "personal possession limit". The person possession limit of methamphetamine is currently set at 1.5grams. If a person is found in possession of this amount of methamphetamine they will not be charged with an offence, but may be issued a caution, given a $100 fine or referred to an illicit drug diversion program. It's important that you pay the fine issued or follow the instructions regarding the diversion program or you may be charged with an offence.

How long could you go to prison?
How long you could be imprisoned for if found guilty of an differs by the type of offence and your personal circumstances.

If you committed a less serious offence (such as a small amount of and you are a first-time offender you are more likely to be dealt with by a fine or court rather than imprisonment. More serious offences, such as methamphetamine trafficking, can carry a penalties as serious as life imprisonment.

What if I buy drugs online?
It is an to import across the Australian border either for personal use or to to others.

If you buy a drug such as methamphetamine online, even if there is no proof that the drug came from overseas, you may be charged. The prime criteria for police and courts is whether you ‘reasonably suspected’ it to have an international origin.

Importation of only 2g of methamphetamine carries a maximum penalty of 25 years imprisonment and/or 5,000

Is it against the law to take methamphetamine and drive?
It is an to drive, attempt to drive or supervise a learner driver with any illicit drug in your system. Unlike blood alcohol concentration (BAC) testing, where there is a legal blood alcohol limit, it is an offence if any amount of illicit drug is detected.

You can still be charged with driving under the influence, even if you think the effects of methamphetamine have left your system. For more information, refer to Factsheet: Ice and driving, opens PDF document

All states and territories have the power to use random roadside drug testing which includes testing for methamphetamine. In some states if you refuse to provide a saliva sample when you are stopped, you may be fined.

Typical penalties for first time offenders include a 6–12 month disqualification of your driver’s license and a fine.

Imprisonment is also an option, particularly for repeat offenders.

You can be charged with a more serious offence is you have methamphetamine in your system and you get into a car accident or are found driving dangerously.

Interacting with Police

Click to expand the sections below to find out more about what to expect when interacting with police.

What will police do if I am caught with methamphetamine on me?
If you are caught with even a small amount of (including ice) police will the drug as well as any you have such as an ice pipe.

From October 2023, the ACT will decriminalise the of small quantities of methamphetamine as long as the amount possessed is under the "personal possession limit" (refer to the section 'What are the consequences of committing a drug offense")

What will happen if police suspect I have committed a drug offence?
If police suspect you have committed a drug offence they may ask you to provide your name and address. You must provide those details, but you do not need to answer any further questioning by police.

What rights do police have to stop and search me for methamphetamine?
If police have a reasonable suspicion that you have committed an they may search you or your car.

Generally, police are not able to conduct an intimate search of your body or search your house unless they have a warrant or special circumstances apply.

What will happen if I'm arrested?
If you are under arrest, police will take you into custody. You may also participate in a police interview, you do not need to answer questions in the police interview beyond providing your name and address.

Whilst in custody you have a right to contact a lawyer.

If the police charge you with a drug you may remain in custody (on ‘remand‘) until your charges are heard in court or you may be given ‘bail‘ – meaning you are free to go but must follow certain conditions!.

For more information about your legal rights, it’s important for you to discuss your case with a lawyer. For certain cases, you may be able to get free advice from your local Community Legal CentreAustralia Directory, opens in a new window.

Will police be called if I call an ambulance to a drug-related incident?
Many people do not call an ambulance for fear of police involvement. However, the police will usually not attend overdoses or incidents related to illegal drugs, such as ice, unless there are special circumstances. It is important to call for an ambulance immediately (000) if there is any risk that someone is having an unusual reaction to ice or any other drug. Find out more about how to help someone who is having an unusual reaction to ice.

Acknowledgements

This factsheet was originally developed in 2014 following expert review by researchers at the National Drug and Alcohol Research Centre (NDARC) website, opens in a new window. It was written by Caitlin Hughes, of the Drug Policy Modelling Program (DPMP) at NDARC in consultation with the Cracks in the Ice team at the Matilda Centre for Research in Mental Health and Substance Use website, opens in a new window. This factsheet was reviewed and updated in April 2024 by Mr Jarryd Bartle, an Associate Lecturer within Criminology and Justice Studies at RMIT University who is a former criminal lawyer and drug policy consultant.

Key source: Hughes, C. (2014). Drugs and the law: What you need to know. Sydney: National Drug and Alcohol Research Centre, University of New South Wales.