Being charged with possessing a dangerous drug can have severe consequences including imprisonment. A conviction can also lead to issues of employability, a persons ability to travel to certain countries, education and even affect future finance applications.

Possession means that the accused had actual ‘knowledge’ and ‘control’ of the drug.

To prove the crime, therefore, means that prosecution only need to show you had knowledge of the existence and presence of the drug and you were able to exercise your control over it.

Dangerous drugs are known as Schedule 1 or Schedule 2 drugs set out under the Drugs Misuse Regulation 1987. The Schedule 1 drugs include and are not limited to:

• Amphetamine

• Cocaine

• Heroin

• Lysergide

• Methylamphetamine

• MDMA

• Ecstasy

• Specific steroid type drugs

Schedule 2 drugs consist of over a hundred less serious types of drugs, including but not limited to:

• Cannabis

• Codeine

• Methadone

• Opium

• Morphine

• Psilocybin

• Oxycodone

A dangerous drug also includes those with a chemical structure or compound that is substantially similar to the chemical structure or compound of a Schedule 1 or Schedule 2 drug.

There are many defences to this charge including that the drug was not a ‘dangerous drug’, mistake of identity, duress and not acting under free will, honest and reasonable mistaken belief and necessity.

Generally, the courts will consider many factors when sentencing a person who has been found guilty of this crime, including (but not limited to) the quantity and quality of the drugs in your possessions, whether the possession was for commercial gain or personal us, the purpose of why it was in the accused possession and the personal circumstances and antecedents of the accused.

Even if the drug was found in your home, the mere fact that proof that a dangerous drug was at the material time in or on a place which a person was an occupier or concern in the management or control of that place is conclusive evidence it was under the persons possession. The exception to this is if the accused can show that they did not know and had no reasons to suspect the drug was there.

Our lawyers are well versed with the defences and your rights and options. Therefore it is really important to engage us immediately. This is because the penalty for possession of a dangerous drug can result in a broad range of sentencing options such as drug diversion, fines to imprisonment.