Drug possession is one of the most common offences before our courts, however did you know that you could also be charged with an offence where you are alleged to have had instructions for the manufacture or production of prohibited drugs in your possession?
This offence is contained under section 11C of the Drug Misuse and Trafficking Act 1985.
It says that you could be charged with an offence where you are found to have a document containing instructions for the manufacture or production of a prohibited drug.
However, you may raise a defence to the charges if you prove that you are licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to manufacture or produce the drugs in question, or that you have authority from the Director-General of the Department of Health.
You can also raise a defence to the charges where you can establish that you had the document for some lawful purpose, or where you had a reasonable excuse for having the document in your possession.
The maximum penalty if found guilty of this offence is 2 years imprisonment and/or a fine of $2,200.
However, this is the absolute maximum, which will only apply in the most serious cases.
If you’ve been charged with this offence, our expert defence team can advise you of your options, including any possible defences that you can raise.
11C Possession of instructions for manufacture or production of prohibited drugs
(1) A person who has in his or her possession a document that contains instructions for the manufacture or production of a prohibited drug is guilty of an offence.
(2) It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes:
(a) that the defendant is licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to manufacture or produce the prohibited drug to which the instructions relate, or
(b) that the defendant is acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the manufacture or production of the prohibited drug to which the instructions relate is for the purpose of scientific research, instruction, analysis or study, or
(c) that the defendant is in possession of the document for the purposes of an activity that is not unlawful, or
(d) that the defendant otherwise has a reasonable excuse for possessing the document.
Being charged with a drug offence can be daunting, but having an expert drug lawyer on your side can make the process all the more easier.
At Sydney Criminal Lawyers, we pride ourselves on being Sydney’s only drug law specialists.
Our lawyers have a wealth of experience successfully defending clients in all kinds of drug matters, small and large.
We take the time to carefully examine all the evidence in each case in order to identify problems with the prosecution case at an early stage.
Where problems are found, our lawyers can write to police pushing for the charges to be dropped before the matter goes to a defended hearing.
This means that our clients are often spared the time and expense of fighting the charges in court.
However, if your matter does end up in court, rest assured that our drug law specialists will fight hard to win your case by raising any possible defences to the charges.
In other cases where you wish to plead guilty, we can fight to secure a section 10 – which is where you are found guilty of the offence but no conviction is recorded on your criminal record.
We have a proven track record of obtaining section 10s in drug cases, and our ability to secure these results is unparalleled.
We also offer competitive fixed fees, so that you don’t bear the burden of a hefty legal bill at the end of your case.
Call us today on (02) 9261 8881 and book a FREE first conference with our criminal law specialists to discuss your options.