Self Administration of Prohibited Drugs

The offence of self-administration of prohibited drugs is an offence contained in section 12 of the Drug Misuse and Trafficking Act 1985 (NSW). It prohibits the introduction of prohibited drugs into a person’s body.

The maximum penalty for this offence is 2 years imprisonment and/or a fine of $2,200.

What is Self-Administration of Prohibited Drugs?

A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of the offence.

The Act defines a “prohibited drug” as any substance, other than a prohibited plant, specified in Schedule 1.

The Act defines “administers” as the ingestion, injection and inhalation of a prohibited drug, the smoking of a prohibited drug, the inhalation of fumes caused by the heating or burning of a prohibited drug and any other means of introducing a prohibited drug into any part of the body of a person.

The following acts constitute Self-Administering Prohibited Drugs:

1. You injected a needle containing heroin into your veins. 
2. You swallowed a pill containing MDMA.
3. You smoked a bong containing cannabis.

What Must be Proven?

For a person to be found guilty of self-administration of prohibited drug prosecution must prove each of the following matters beyond a reasonable doubt:

1. you administered; or
2. attempted to administer;
3. a prohibited drug;
4. to yourself.

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.  

Possible Defences to Self-Administration of Prohibited Drugs

The following defences may be available for a Self-Administration of Prohibited Drugs charge:

• Duress
• Necessity 

Common Questions about Self-Administration of Prohibited Drugs

Will I receive a criminal conviction?

It is possible to avoid a criminal conviction for a charge of Self-Administration of Prohibited Drugs by the Court imposing a conditional release order without conviction (CRO). In doing so, the Court will take into consideration factors such as your age, criminal antecedents, character, remorse, prospects of rehabilitation, health, and any other factors they consider relevant.

In NSW, a Court can impose any of the following penalties for a Self-Administration of Prohibited Drugs Charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Self-Administration of Prohibited Drugs might jeopardise your job or make it difficult to obtain visas for overseas travel. 

Is “self-administration” a separate crime from “possession”? 

Yes, self-administration refers to the use of a prohibited drug which having a prohibited drug in your custody is a separate offence which is charged under the offence of ‘Posses Prohibited Drug’. Both offences attract different penalties, and the prosecution are required to prove different elements for each offence.

What if I was charged with this offence for smoking cannabis but I have a medical prescription?

In circumstances when a person has been charged with this offence and has been lawfully prescribed or supplied to the individual by a medical professional, the offence cannot be made out.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.