Possession of a drug of dependence

Under the Drugs, Poisons and Controlled substances act 1981, section 73 states:

‘A person who without being authorised or licensed under this act, has or attempts to have in his possession a drug of dependence, is guilty of an indictable offence.’

Actions that constitute such an offence are:

• Storing a drug of dependence in a locker to which you have only have the key and access to;
• Having a drug of dependence in your pocket;
• Having a drug of dependence in a car of which you are the registered owner.

What the prosecution must prove

In order to be found guilty and charged with possession of a drug of dependence, the police must prove beyond reasonable doubt that:

• They had the substance in your possession; and
• The substance was a drug of dependence.

Possible defences

A possible defence to such an offence can be set out as, but not limited to:

• The accused is authorised and/or licensed to possess or use the drug under the Act;
• The accused is acting in accordance, with a licence or permit granted by the secretary of the department of health and human services;
• A person the prohibited drug has been lawfully prescribed or supplied to;

Penalties

In Victoria, the maximum penalty for such an offence, depends on the quantity and type of drug possessed such as:

• If drug possessed is less than 50g of cannabis
  • 5 penalty units
• Any other type of drugs or more than 50g of cannabis
  • 30 penalty units
• If the court is satisfied the possession of drugs was for trafficking purposes
  • 400 penalty units or five years imprisonment.

Where will this be heard?

Generally, depending on the amount of drug of dependence found in the possession of the accused, and whether a Magistrate is satisfied that it was possessed for the purposes of trafficking or not, can be heard in either Magistrates court of Victoria or the County Court of Victoria.