POSSESS PROHIBITED DRUG
Possession of prohibited drugs is an offence under section 10(1) Drug Misuse and Trafficking Act 1985 which states:
A person who has a prohibited drug in his or her possession is guilty of an offence.
The penalty for this offence is a fine of up to $2,200 and/or imprisonment for a term of up to 2 years.
WHAT IS A PROHIBITED DRUG?
Schedule 1 Drug Misuse and Trafficking Act 1985 provides a list of prohibited drugs and their respective Traffickable quantity, Small quantity, Indictable quantity, Commercial quantity, and Large commercial quantity.
WHAT IS POSSESSION?
A person is deemed to have such property in his or her possession within the meaning of such Act who:
- has any such property in his or her custody, or
- knowingly has any such property in the custody of another person,
- knowingly has any such property in a house, building, lodging, apartment, field, or other place, whether belonging to or occupied by himself or herself or not, and whether such property is there had or placed for his or her own use, or the use of another.
The essence of the concept of possession in law is that, at the relevant time, the accused intentionally has control over the property or object in question.
It is not necessary for the accused to have something in their hand, pocket, wallet, or purse before the law says that they have it in their possession.
Further, the accused does not need to own something in order to possess it. The accused can possess something temporarily, or for a limited purpose.
SUPPLY PROHIBITED DRUG
- Section 25 Drug Misuse and Trafficking Act 1985 creates the offences relating to supply of prohibited drugs.
- Section 25A Drug Misuse and Trafficking Act 1985 creates the offences relating to supply of prohibited drugs on an ongoing basis.
- Section 29 Drug Misuse and Trafficking Act 1985 creates a deemed supply offence where the accused has possession of prohibited drug which is not less than the traffickable quantity of the prohibited drug.
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
