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Advertising Premises for the Unlawful Use of Prohibited Drugs

Advertising premises for the unlawful use of prohibited drugs is an offence under section 18A of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were responsible for a premises, and
  2. You advertised or held out the premises as being available for the administration of prohibited drugs, or you caused, suffered or permitted another person to advertise or hold out the premises as available for the administration of prohibited drugs.

You are responsible for a premises if you owned, leased or occupied it or participated in its management.

It is immaterial whether your conduct was for financial or material reward.

The offence does not apply to licensed injecting centres.

Duress is a defence to the charge.

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