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Obtaining Prohibited Drugs from Authorised Persons by Deception

Obtaining prohibited drugs from authorised persons by deception is an offence under section 18 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 a prescription for, or which included, a prohibited drug within the previous 2 months
  2. You then obtained, or attempted to obtain, a prescription for a prohibited drug or which included a prohibited drug, from an authorised person
  3. You failed or refused to inform the authorised person of the previous prescription, and
  4. You did so intending to deceive the authorised person.

An ‘authorised person’ is a medical practitioner, nurse or midwife.

Your representation may be verbal, in writing or by conduct.

Duress and necessity are defences to the charge.

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