Use Drug of Dependence - Statutory Offence : Drugs Poisons & Controlled Substances ACT 1981 - SECT 75

Elements Prosecution Must Prove

1. Accused used, or attempted to use, a drug of dependence
2- While not authorised or licenced to do so.

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

Maximum fine is 5 penalty units for cannabis, and 1 year imprisonment for any other drug. Practically speaking, diversion is often offered as an option where an accussed has no prior criminal history.

Other drug related charges:

  1. Possess Drug of Dependence
  2. Traffick Drug of Dependence

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