Maximum Penalty
- Fine of $2000 or 2 years imprisonment or both
Possible Defences
- you show a lack of intent;
- lack of control; or
- lack of knowledge.
Legal Information Relating To
Possession of a Controlled Drug
Possession of a Controlled Drug Key Facts
What Is The Charge Of Possession of a Controlled Drug?
A person who has possession of a controlled drug (other than cannabis, cannabis resin or cannabis oil) may be guilty of an offence.
This offence is serious and can carry with it a term of imprisonment.
What Is The Penalty For Possession of a Controlled Drug?
It is also an offence to have possession of any piece of equipment for use in connection with the smoking, consumption or administration of a controlled drug (other than cannabis, cannabis resin or cannabis oil) or the preparation of such a drug for smoking, consumption or administration.
The maximum penalty for this offence is $2000 or 2 years imprisonment or both.
What Are The Possible Defences For Possession of a Controlled Drug?
It may be a defence to the charge if:
- you show a lack of intent;
- lack of control; or
- lack of knowledge.
What the Prosecution Must Prove
The police must prove that you:
- are/were in physical control of the drug, and
- had the knowledge (or intention) of having the drug.
Case Studies For Similar Offences
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