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The law for drug offences prohibit the following actions with prohibited drugs;

  • Use,
  • Possession,
  • Supply,
  • Cultivating,
  • Manufacturing,
  • Importing or other actions.

The law that details these actions, and stipulates penalties for offenders is the Drug Misuse and Trafficking Act 1985.

It also extensively covers all Drug Driving offences, especially for prohibited substances. Some of these prohibited drugs include; Cannabis (Marijuana), heroin, ecstasy, amphetamines, LSD, Cocaine, Methadone, other common street drugs, including their cliché names and others.

Drug offences that result in a court conviction are disclosed on an individual’s national criminal history check result in accordance with the rules of the Spent Convictions Scheme.

What are the various behaviours that constitute a Drug Offence?

The court can convict you for various Drug offences as long as it concludes from evidence that you participated in the act with the prohibited drugs.

Some of these acts are;

Drug possession

Without a medical or legal prescription, it is an offence to be found “possessing” an amount of a prohibited drug. It also includes drugs like Cannabis and Methadone, irrespective of public opinions of the many benefits.

However, it is not an offence if you possess a small quantity of the prohibited drug inside a licensed medically supervised learning centre.

  • Proving Possession;

The prosecutor must prove to the court that the offender was in “possession” of the drug. Under the Act, there are three elements important for this proof;

  • Knowledge: That you knew or should know (inferred) the drug in your possession.
  • Custody: Whether the drug was in your “near possession” or if you are in order of disposition. It means you control and influence the position and transport of the drugs
  • Control: that you could use, transport, or intended to use them.

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