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Drug Offences in the Australian Capital Territory
295 views • Oct 26, 2022Drug Offences in the ACT
The laws covering drug offences in the ACT are the Criminal Code 2002, the Drugs of Dependence Act 1989, and the Medicines, Poisons and Therapeutic Goods Act 2008. Under these Acts, it is an offence to possess, administer (to yourself or someone else), cultivate, sell, give away or exchange illegal drugs.
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drug offenses in the ACT the laws covering drug offenses in the Australian Capital Territory of the Criminal Code 2002 the drugs of dependence Act 1989 and the medicines poisons in therapeutic goods Act 2008 these laws state that it is an offense to possess administered to yourself or anyone else cultivate sell give away or exchange illicit drugs possession in the context
of drug offenses 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 offense police may choose to wish you a simple cannabis offense notice the penalty is $100.00 a simple cannabis offence is possession of up to 50 grams of dried cannabis or 2 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 offense if dealt with by the court is one hundred and fifty dollars 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
forty-five thousand dollars and all three years imprisonment for any other controlled plant the maximum penalty is
a hundred and fifty thousand dollars and or ten years imprisonment cultivation for the purposes of drug offenses 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 offense otherwise the maximum penalty is $30,000 and/or two years imprisonment a person may be guilty of the offense of cultivating and 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 offenses it is an offense to administer a drug or declared substance to any person or animal without being authorized 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 offense 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 control drugs particularly amphetamines possessing or manufacturing a controlled precursor carries a maximum penalty ranging from $100,000 and or seven years imprisonment to three hundred and seventy-five thousand dollars and twenty five 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 manufacturer control drug the maximum penalty ranges from a hundred and five thousand and or seven years imprisonment to three hundred and seventy five thousand dollars and or twenty five 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 thousand dollars and or imprisonment for five years trafficking in relation to drug offenses in the AC T trafficking means to be part of an organized 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 one of the criminal code regulation 2002 for cannabis the maximum penalties range from forty five thousand dollars and or three years imprisonment to life imprisonment for a controlled drug other than cannabis the penalties range from a hundred and fifty thousand dollars 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 use 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 offenses 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 offense it is important to obtain legal advice quickly go to court lawyers operate a Legal Hotline on 1300 with the 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 go to court today you and a lawyer will call you back to assess your matter you
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