Possessing Controlled Drugs
Possessing Controlled Drugs is an offence under Section 308.1 of the Criminal Code Act 1995 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You knowingly possessed a substance
- The substance was a controlled drug, and
- You knew, or were reckless as to whether, the substance was a controlled drug
You were ‘reckless’ if you were aware it was likely the substance was a controlled drug but went ahead with your actions regardless.
‘Controlled drugs’ include:
- MDMA (or ecstasy) and amphetamines
- Cocaine, heroin and LSD
- Cannabis and cannabis resin
A defence to the charge is ‘duress’, which is where:
- Your actions were due to a threat of death or serious injury to you and/or a family member
- There was no reasonable way for you to render the threat ineffective, and
- Your conduct was a reasonable response to the threat
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