The maximum penalty depends on the offence and the type of drug involved. For example, if the offence is simple possession of a prohibited drug the penalty will be significantly less severe than if the charge involved allegations of intent to sell or supply.

Furthermore, the penalties reflected in cases involving significant illicit drugs such as methylamphetamine, cocaine, MDMA and heroin are more significant than the penalties reflected in cases involving cannabis. 

A person facing drugs charges involving an intent to sell or supply carry a significant risk of being subject to a term of immediate imprisonment.

In Donaldson v The State of Western Australia [2018] WASCA 143 the appellant was convicted of possession of methylamphetamine with intent to sell or supply where the quantity of the drugs was 5.69 grams. The appellant in that case was sentenced to 2 years and 3 months immediate imprisonment.

In Jones v The State of Western Australia [2018] WASCA 105 the appellant was convicted of possession of methylamphetamine with intent to sell or supply where the quantity of the drugs was 5.15 grams.

The appellant in that case was sentenced to 1 years and 8 months immediate imprisonment.