Have you been charged with Possession of a Drug of Dependence?

by Dribbin & Brown Criminal Lawyers


Have you been charged with Possession of a Drug of Dependence?
Criminal Lawyers Melbourne 

If so, there are some questions you need to consider. The answers could help you challenge the charge of Possession of a Drug of Dependence.

Were you in possession (i.e. extending past actual, physical control of the drug of dependence)?

Have you been charged with possession with intent to traffic?

What quantity of the alleged drug of dependence were you alleged to have been in possession of?

Pleading guilty to Possession of a Drug of Dependence can carry large penalties in some circumstances. You should consult a specialist criminal solicitor to help you with your matter.

Please read below for more information in relation to this charge.

The offence

Section 73 of the Drugs, Poisons and Controlled Substances Act 1981.

The prosecution must prove:
1. That the substance in question was a drug of dependence;
2. That the defendant possessed that substance.

The maximum penalty

Level 6 imprisonment being a term of 5 years, or 400 penalty units, or both. If possession is found to be for purposes of trafficking however, the maximum penalty is much greater and increases with the quantity of drug in question.

Where will my case be heard?

Possession of a Drug of Dependence is nearly always heard in the Magistrates’ Court.

What to do next?

Possession of a Drug of Dependence can vary in seriousness from possession for personal use, to possession for trafficking in large commercial quantities.

It is critical to the outcome of your matter that you make time to see an experienced criminal lawyer immediately.


The legislation

S73 Possession of a Drug of Dependence

1. A person who without being authorized by or licensed under this Act or the regulations to do so has or attempts to have in his possession a drug of dependence is guilty of an indictable offence and liable—
   a. where the court is satisfied on the balance of probabilities that—
the offence was committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol.



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