Section 10(1) of the Drug Misuse and Trafficking Act 1985 states:
“A person who has a prohibited drug in his or her possession is guilty of an offence.”
Drug Possession Penalty
The penalty for the offence of drug possession is as follows:
- A fine of $2200; and/or
- Imprisonment of up to 2 years.
If you are facing Drug Possession charges, the Local Court will deal with your matter in accordance with strict NSW Drug Laws.
You will be guilty of the offence of possession of a prohibited drug if the Prosecution can prove beyond a reasonable doubt the following;
- The accused had in his or her possession,
- A prohibited drug.
Defences For Drug Possession Charges
You must have the prerequisite knowledge that you are holding the drug. So for example, if your friend places some pills into your jacket at a party and you are unaware of this, you cannot be guilty of posses prohibited drug if the Police arrest you with the drugs in your pocket.
Section 10(2) of the Drug Misuse and Trafficking Act 1985 provides possible defences to a charge of possession of a prohibited drug. They are as follows:
(a) A person licensed or authorised to have possession of the prohibited drug under the Poisons Act 1966,
(b) Person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,
(b1) person acting in accordance with a direction given by the Commissioner of Police under section 39RA,
(c) Person for or to whom the prohibited drug has been lawfully prescribed or supplied, or
(d) Person who:
(i) 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
(ii) Has 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.
If you are pleading guilty to drug possession charges, a conviction can be avoided if your lawyer can persuade the Magistrate to deal with your matter pursuant to section 10 of theCrimes (Sentencing & Procedure) Act 1999.
Benjamin & Leonardo Criminal Defence Lawyers pride themselves on obtaining the best results for their clients, proper preparation from a Criminal Lawyer who can dedicate their time to your case is essential in obtaining the best result.
It is common for people facing drug possession charges to also have drug supply charges accompany them. If this is the case for you or someone that you know, please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.