DRUG OFFENCES

POSSESS PRESCRIPTION DRUGS or drugs of dependence.

The Drugs Poisons and Controlled Substances Act 1981 (Vic) criminalises the possession of certain drugs.

At the lower end of seriousness there are prescription drugs, described as “poisons” according to a schedule of therapeutic drugs. It is an offence under section 36B to possess these drugs without a prescription. Drugs that commonly fall under this offence include Viagra and opioids such as Tramadol.

At the higher end of seriousness there are “drugs of dependence” which are typically illicit substances such as Heroin, Cocaine, Methyl Amphetamine, Steroids and Cannabis. It is illegal to possess these drugs under section 73 of the Act.

PROOF, PENALTIES & DEFENCES.

Possess a Drug of Dependence.

The prosecutor has to prove that you possessed or attempted to possess a drug of dependence.

Defences:

The drug wasn’t a drug of dependence;
The drug wasn’t in your possession;
That you didn’t know it was a drug.

Penalties:

Max fine of $826 (5pu) Cannabis and not related to trafficking;
Max fine of $4,950 (30pu) and/or up to 12 months jail for any other drug where it was not related to trafficking;
Max fine of $66,400 (400pu) and/or up to 5 years jail in any other case.

Possess Prescription Drugs.

The prosecutor has to prove that, without licence or legal authority, you possessed aschedule 4, 8 or 9 poison:

involving an assault on a person in the building; or
involving any damage to the building or property in the building.

Defences:

that you had a licence or were authorised at law – e.g. prescription;
that you did not possess the scheduled poison;
that the item was not a scheduled poison.
that the charges have been brought outside of the 2 year limitation period.

Penalties: Max fine $1600 (10pu).

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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