Possess Drug of Dependence - Statutory Offence : Drugs Poisons & Controlled Substances ACT 1981 - SECT 73

Elements Prosecution Must Prove

1. Accused had possession of, or attempted to possess a drug of dependence.
2- Accussed was not authorised or licenced to have such possession.

What is a drug of dependence?

A drug of dependence is deemed to be so if it is specified in Schedule Eleven of the act. It is ridiculously broadly defined, and includes the salts, analogues, derivatives and isomers of that drug.

Sentencing

The sentence ultimately depends on whether or not it can be established by the defence that the offence was not committed for purpose of trafficking. If so, the maximum penalty is 1 year in prison or 30 penatly units. Otherwise the maximum is 5 years in prison.

In the situation where one is in possession of a small quantity of cannabis, unrelated to trafficking, the maximum penalty is 5 penalty units.

For relatively low quantities of drugs, diversion may be available as an option where an accused has no prior criminal history.

Other drug related charges:

  1. Use Drug of Dependence
  2. Traffick Drug of Dependence

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