The Drug Misuse and Trafficking Act 1985 serves as the legal framework for addressing drug offences. This legislation prohibits various actions related to prohibited drugs, including use, possession, supply, cultivation, manufacturing, importing, and others.
Drug Possession
Possessing a prohibited drug without a medical or legal prescription is an offence. This includes drugs like Cannabis (Marijuana), heroin, ecstasy, amphetamines, LSD, cocaine, methadone, and other substances outlined in Schedule 1 of the Drug Misuse and Trafficking Act 1985. The law does not differentiate based on public opinions regarding their benefits.
To prove possession, the prosecutor must establish three essential elements:
- Knowledge: The offender knew or must have known (inferred) about the drug's presence.
- Custody: The drug was within the offender's "near possession" or under their control and influence in terms of disposition and transport.
- Control: The offender had the intention to use, transport, or engage in other activities related to the drug.
Penalties For Drug Possession
Drug possession for personal use is a summary offence. The penalties, outlined in Section 21 of the Act, may include fines of up to 20 penalty units (equivalent to $2,200) and/or imprisonment for up to two years. However, the severity of penalties may vary based on factors such as the type and quantity of drugs involved, prior records, and the circumstances surrounding the offence.
Alternative penalties may also be imposed, including home detention, intensive correction orders, suspended sentences, community service, good behaviour bonds, or additional penalties deemed appropriate by the court.
It's crucial to note that possessing large drug quantities may lead the court to conclude an intention for supply or trafficking, resulting in more severe penalties.
Penalties For Drug Use
Administering or attempting to administer drugs, whether to oneself or others, is an offence. This remains illegal, even if consent is granted, and regardless of whether the drug was prescribed or not, as long as the terms and directions of use are violated.
Penalties for drug use offences can reach up to 20 penalty units (equivalent to $2,200) in fines and/or imprisonment for up to two years. Drug use encompasses actions such as swallowing, snorting, injecting, smoking, or any other method of using a prohibited drug.
In licensed medical facilities, possessing small amounts of prescribed drugs is not an offence if it occurs within a licensed medically supervised injecting centre. However, being caught outside such a facility with these drugs may lead to charges.
Obtaining an Illegal Drug: Forging or Altering Prescriptions
Obtaining or attempting to obtain prescription drugs through lying, false representations, forgery, or altering a prescription is an offence. The maximum penalties for this offence include fines of up to $2,200 and/or imprisonment for up to two years.
Supply of a Prohibited Drug
Supplying a prohibited drug without lawful authority is a serious offence. This includes actions such as offering or agreeing to supply, being knowingly involved in supply, supplying legal substances fraudulently claimed as prohibited drugs, pooling money and sharing purchased drugs, or possessing drugs for supply.
Penalties for drug supply offences differ based on the quantity and other relevant factors. If caught with large amounts of drugs, the court may conclude an intention for supply or trafficking and impose higher penalties accordingly. The offence can be categorised as summary or indictable, depending on the quantity involved, and may be heard in a Local Court, District Court, or Supreme Court.
Penalties for Drug Supply Offences
Penalties for drug supply offences involving prohibited drugs other than cannabis include:
- Large commercial quantity: Up to $550,000 in fines and/or imprisonment for life.
- Commercial quantity: Up to $385,000 in fines and/or imprisonment for 20 years.
- Indictable quantity: Up to $220,000 in fines and/or imprisonment for 15 years.
- Small quantity (less than indictable): Up to $11,000 in fines and/or imprisonment for two years.
For drug supply offences involving cannabis, the penalties are as follows:
- Large commercial quantity: Up to $550,000 in fines and/or imprisonment for 20 years.
- Commercial quantity: Up to $385,000 in fines and/or imprisonment for 15 years.
- Indictable quantity: Up to $220,000 in fines and/or imprisonment for 10 years.
- Small quantity (less than indictable): Up to $5,500 in fines and/or imprisonment for two years.
Manufacture and Cultivation of Prohibited Drugs
Manufacturing or participating in the manufacture of a prohibited drug without legal authority is an offence. This includes extracting or refining drugs from other substances or plants. Similarly, cultivating prohibited plants is considered a serious offence, which involves actions such as sowing, planting, growing, tending, nurturing, or harvesting the plants.
Penalties For Manufacturing and Cultivating Prohibited Drugs
The penalties for manufacturing and cultivation offences are similar to those for drug supply offences and depend on the type, quantity, and role of the offender, as well as the court handling the case. Penalties can range from fines to imprisonment for life, varying based on the circumstances.
In drug offence cases, the presence of an experienced criminal lawyer is vital due to the complex legal process and high stakes involved. Having an expert criminal lawyer represent you in your case can be beneficial in many ways as they can:
- Can navigate the intricacies of the law,
- Build a strong defence for your case in court,
- Skilfully challenge the prosecution's case,
- Minimise penalties,
- Provide reassurance,
- Help you make informed decisions.
If you are facing a drug charge and need legal advice to guide you through your case, get in touch to speak to our principal criminal defence lawyer, Jason Benjamin Pham, who has successfully represented numerous clients charged with drug offences.
Call 1800 JBP LAW or book your initial consultation via the 'Contact Form'.
