Criminal Law

We provide legal representation to defendants charged with criminal offences and in Traffic Law matters.

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Possess prohibited drug

Section 10(1) Drug Misuse and Trafficking Act 1985 states that:

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

Penalty

The maximum penalty is 20 penalty units ($2,200) or 2 years imprisonment, or both.

Defences that may be available:

  • You had a licence or were authorised to supply the drug under the Poisons and  therapeutic Goods Act 1966;
  • You were acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study;
  • You were acting in accordance with a direction given by the Commissioner of Police under section 39RA;
  • A person to whom the prohibited drug has been lawfully prescribed or supplied to;
  • A person who:
  • Has 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
  • Had 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.

“prohibited drug” means any substance, other than a prohibited plant, specified in Schedule 1 of the Act.

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