PERSONAL USE

Elements of the offence of simple possession

Under section 33L of the Controlled Substances Act 1984 it is an offence for a person to:

  1. have possession of a controlled drug
  2. smoke, consume or administer to him or herself, or allows another person to administer to them,
  3. have possession of any piece of equipment for use in connection with the smoking, consumption or administration of a controlled drug or prepare such a drug for smoking, consumption or administration.

This is often referred to as a ‘simple possession offence’.

Most user offences are summary offences

While most user offences are summary offences, there are a few exceptions to this rule.

Defence of honest and reasonable mistake

It is a defence to prove an honest and reasonable mistake about the nature of the substance possessed.

Presumption of sale or supply

Possession of more than a certain amount of a drug or substance will lead to a presumption that it is for sale or supply and take the offence out of this penalty range.

For details on penalties see Possession/Use Penalties, Cannabis Penalties, and Penalties for Trafficking, Manufacture and Sale.

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PERSONAL USE  :  Last Revised: Mon Aug 22nd 2011
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