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Obtaining a Prohibited Drug by False Representation

Obtaining a prohibited drug by false representation is an offence under section 17 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 obtained or attempted to obtain a prohibited drug from a medical practitioner, nurse, midwife, dentist, pharmacist or vet
  2. You did so by way of a false representation, and
  3. You knew your representation was false.

The false representation may be verbal, in writing or by conduct.

Duress and necessity are defences to the charge.

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