Obtaining drugs by deception

The Controlled Substances Act 1984 [Part IV] also creates a number of offences for obtaining drugs by deception from legitimate sources, such as doctors, dentists, or pharmacists. This includes the use and possession of forged prescriptions. Generally these offences duplicate existing offences, such as the forging and altering of documents and obtaining by false pretences.

Possession without authority of prescription drugs

Under the Controlled Substances Act 1984 [s.18] it is also an offence to possess without authority substances declared to be 'prescription drugs'. The maximum penalty is a $10 000 fine or two years goal. The 'Standard for the Uniform Scheduling of Drugs and Poisons' published by the Australian Health Ministers Advisory Council and updated from time to time lists these substances.

Examples of drugs covered by possession without authority offence

One substance caught by this provision is isobutyl nitrite, commonly sold in sex shops as 'Rush'. Ephedrine, commonly sold as, or mixed with, amphetamine may also be caught.

Sale or supply of volatile solvents

Another provision with similar penalties covers the sale or supply of 'volatile solvents' where the seller suspects the buyer is intending to inhale the solvent or supply it to another to inhale.

Drug paraphernalia

Under s 9B of the Summary Offences Act 1953 it is an offence to sell or supply drug paraphernalia. Penalties apply to individuals and also to businesses and there are separate penalties where the sale or supply has been to a minor.

Maximum penalty for sale or supply of prohibited item

For an individual - $10,000 or 2 years imprisonment

Maximum penalty for sale or supply of prohibited item to a minor

For an individual - $20,000 or 2 years imprisonment

The list of prohibited items includes the following:

A cocaine kit* consists of 2 or more of the following items packaged as a unit apparently for the use of cocaine: