Drug Possession Charge - Lawyer / Solicitor Article.

Section 10 of the Drug Misuse and Trafficking Act states:

10 (1) A person who has a prohibited drug in his or her possession is guilty of an offence.

(2) Nothing in this section renders unlawful the possession of a prohibited drug by: 
    (a) person licensed or authorised to have possession of the prohibited drug under the Poisons Act 1966 , 
    (b) person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,

(b1) person acting in accordance with a direction given by the Commissioner of Police under section 39RA, 
    (c) person for or to whom the prohibited drug has been lawfully prescribed or supplied, or 
    (d) person who: 
        (i) as the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and
        (ii) as the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply. 

Maximum Penalty - Drug Possession - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Drug possession is a fine of 20 penalty units and/or 2 years imprisonment.

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused had in his or her possession.

2. A prohibited drug.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible Defences - Drug Possession - Defences – Lawyer / Solicitor Article

The Drug Misuse and Trafficking Act provides a defence to the offence. Section 10(2) states:

10(2) Nothing in this section renders unlawful the possession of a prohibited drug by: 

    (a) person licensed or authorised to have possession of the prohibited drug under the Poisons Act 1966 , 
    (b) person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study, 
    (b1) person acting in accordance with a direction given by the Commissioner of Police under section 39RA, 
    (c) person for or to whom the prohibited drug has been lawfully prescribed or supplied, or 
    (d) person who: 
        (i) as the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and 
        (ii) as the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply.

Other possible defences to this offence include but are not limited to

1. Duress
2. Necessity

This matter is a summary matter and can only be finalised in the Local Court.

Disclaimer


The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact criminallaw@armstronglegal.com.au 

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.

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