Drug Offences in the Australian Capital Territory

Transcript

Drug Offences in the ACT The laws covering drug offences in the Australian Capital Territory are the Criminal Code 2002, the Drugs of Dependence Act 1989 and the Medicines, Poisons and Therapeutic Goods Act 2008. These laws state that it is an offence to possess, administer to yourself or anyone else, cultivate, sell, give away or exchange illicit drugs. Possession In the context of drug offences in the ACT, possession relates to custody or control of the drug.

It does not require that the drug is in the physical possession of the person. It is enough if, for example, the drug is found on premises the person controls or in their car. Penalties for possession depend upon the type of drug involved in the quantity. For a simple cannabis offence, police may choose to issue a simple cannabis offence notice. The penalty is $100. A simple cannabis offence is possession of up to 50 grams of dried cannabis or two cannabis plants that are not artificially cultivated, provided the police believe the drug is only for personal use.

If the fine is paid within 60 days, no criminal conviction is recorded. If it is not, criminal proceedings are commenced. The maximum penalty for a simple offence, if dealt with by the court, is $150 and a criminal conviction. Possession of other controlled drugs carries a maximum penalty of a $7,500 fine and or two years imprisonment. Selling of a controlled plant It is an offence to sell a cannabis plant or other controlled plant.

A plant is sold if it is bartered or exchanged. It is given to someone in the belief that they would do something in return or the owner or possessor agrees to sell. If the plant is a cannabis plant, the maximum penalty is $45,000 and or three years imprisonment. For any other controlled plant, the maximum penalty is $150,000 and or ten years imprisonment. Cultivation For the purposes of drug offences in the ACT, cultivation includes engaging in, exercising direction or control over or arranging or providing finance for, planting a seed, seedling or cutting of a plant, transporting a plant, tending to the growing of a plant, guarding or hiding the plant or harvesting the plant.

If the plants are cannabis plants and you have one or two plants for personal use only, it may be dealt with as a simple cannabis offence. Otherwise, the maximum penalty is $30,000 and or two years imprisonment. A person may be guilty of the offence of cultivating a controlled plant for the purposes of selling even if they do not intend to sell the plant themselves but believe that another person intends to either sell the plant or sell a product made from the plant.

The maximum penalty is life imprisonment. Administration drug offences It is an offence to administer a drug or declared substance to any person or animal without being authorised to do so. This includes a medicine, a prohibited substance, a poison that is classed as being dangerous, low or moderate harm or any other prescribed substance. The maximum penalty is a fine of $15,000 and or one year imprisonment. Manufacturing and precursors It is an offence to possess, manufacture or sell a controlled precursor and or to possess equipment that is used to manufacture drugs, including pill presses.

Precursors are the raw chemical components used in making a controlled drug. Some are present in products that are readily available from pharmacies, supermarkets and hardware stores. They can be extracted to manufacture controlled drugs, particularly amphetamines. Possessing or manufacturing a controlled precursor carries a maximum penalty ranging from $100,000 and or seven years imprisonment to $375,000 and 25 years imprisonment.

It is also an offence to sell a controlled precursor if you believe that it is being purchased with the intention that any of it will be used to manufacture a controlled drug. The maximum penalty ranges from $105,000 and or seven years imprisonment to $375,000 and or 25 years imprisonment. Supplying Selling, supplying or participating in the sale or supply of a drug of dependence or a prohibited substance carries a maximum penalty of $75,000 and or imprisonment for five years.

Trafficking In relation to drug offences in the ACT, trafficking means to be part of an organised commercial activity involving repeated transactions of certain controlled drugs. It includes whether performed by the person themselves for their own gain or under the belief that someone else intends to sell the drug for gain. Selling a controlled drug Preparing a controlled drug for supply Transporting the controlled drug Guarding or concealing the drug Or possessing the drug intending to sell it Controlled drugs are listed under Schedule 1 of the Criminal Code Regulation 2002.

For cannabis, the maximum penalties range from $45,000 and or three years imprisonment to life imprisonment. For a controlled drug other than cannabis, the penalties range from $150,000 and or ten years imprisonment to life imprisonment. Drug equipment The occupier or proprietor of a wholesale or retail outlet may not display a drug pipe. This is a device or components that make a device used for the purpose of smoking or inhaling a controlled drug.

It is usually called a hash pipe, a bong or an ice pipe. The maximum penalty is a fine of $7,500. Child protection There are a number of offences for the protection of children. They include procuring a child for the purpose of trafficking drugs and supplying drugs to a child for the child to sell. Penalties for these offences range from $5,000 fines and or five years imprisonment up to a maximum of life imprisonment. What to do next If you or someone you know has been or is about to be charged with a drug related offence, it is important to obtain legal advice quickly.

Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted) where you can talk directly to a lawyer 7am to midnight 7 days a week. Your call will be treated with a strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action. Should you need a court lawyer, even if it is at very short notice, the legal hotline staff will be able to arrange legal representation for you. You can also request a call back via the website gotocourt.com.au and a lawyer will call you back to assess your matter.