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What is a Drug Premises?

What is a ‘Drug Premises’?

The Drug Misuse and Trafficking Act 1985 contains offences relating to drug premises, which include:

  1. Entering, leaving or being on drug premises under section 36X, and
  2. Allowing the use of premises as drug premises under section 36Y.

Section 36TA defines a ‘drug premises’ as a premises used for:

  1. The unlawful supply or manufacture of prohibited drugs, or
  2. The unlawful commercial cultivation of prohibited plants by enhanced indoor means

A ‘prohibited drug’ does not include cannabis leaf, oil or resin for the purposes of the offences.

Section 36W(2) provides that when determining whether a premises is a drug premises, the court may consider evidence that:

  1. A police officer authorised to enter the premises was wilfully prevented, delayed or obstructed from doing so
  2. The premises was fitted externally or internally with bolts, bars or chains for the purpose of preventing, delaying or obstructing access
  3. A person was acting as a lookout to warn of police approaching the premises
  4. The premises had syringes or other devices or means of supplying drugs
  5. The premises had unlawful firearms or prohibited weapons
  6. The premises had records relating to unlawful supply or manufacture
  7. The premises had a large amount of money that was not accounted for, and/or
  8. The premises contained persons affected by prohibited drugs.

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