A person who has possession of a controlled drug (other than cannabis, cannabis resin or cannabis oil) may be guilty of an offence.
It is also an offence to have possession of any piece of equipment for use in connection with the smoking, consumption or administration of a controlled drug (other than cannabis, cannabis resin, or cannabis oil) or the preparation of such a drug for smoking, consumption of administration.
What the prosecution must prove
The prosecution must prove that you:
- are/were in physical control of the drug; and
- had the knowledge (or intention) of having the drug.
There are a range of possible defences including, but not limited to, the following:
- lack of intent;
- lack of control;
- lack of knowledge.
The maximum penalty for this offence is $2000 or 2 years imprisonment or both.