Possess Prohibited Drug
Possess Prohibited Drug
Possession of prohibited drug is an offence under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW). It involves being found in possession of illegal drugs such as cannabis, ecstasy, or heroin.
Even a small amount of drugs can lead to serious consequences. We work to get charges reduced or dismissed early, aiming to achieve the best possible outcomes like non-conviction penalties, Section 10 dismissals or a Conditional Release Orders.
What Must the Prosecution Prove?
The prosecution must prove:
- Possession: The accused had control over the prohibited drug.
- Knowledge: The accused was aware they had the drug in their possession.
- Prohibited Drug: The substance was classified as a prohibited drug under the Act.
Maximum Penalty
Penalties depend on the type and quantity of the drug.
If you are charged with possessing a prohibited drug under section 10 the Drug Misuse and Trafficking Act 1985 (NSW), the maximum penalty is 2 years imprisonment and/or a fine of $2200.
Small quantities may attract Fines or diversion programs (e.g., drug counselling).
Defences to Drug Possession
Possible defences include:
- No Knowledge: The accused did not know the drugs were in their possession.
- Unlawful Search: The drugs were found during an illegal search.
- Not a Drugs: the substance was is not a prohibited drug such as a prescription which was legally prescribed.
Need Legal Support for Drug Possession?
Being charged with a possess prohibited drugs offence can have serious consequences on your life. IMS Lawyers Australia can provide expert legal assistance to defend you and protect your future. We are experts in obtaining section 10 dismissals and conditional release orders without convictions. Contact us today for a free consultation.
