Detailed description Any person who has in their custody anything that they have reasonable grounds to suspect has been stolen or otherwise obtained illegally – no motor vehicles or motor vehicle parts. The previously well-known general rule that courts were required to send a pharmaceutical supplier to full-time detention if it was found to be supplying on a “significant scale” has now been reinforced by the new Parente v R [2017[NSWCCA 284]. In Victoria, the list of prohibited drugs is set out in the Drugs, Poisons and Controlled Substances Act 1981 (Vic), which includes cannabis, LSD, MDMA (ecstasy), cocaine and heroin. This applies to all Victoria, including drug possession in Quebec. The penalty for drug possession is punishable by up to 30 units and/or 1 year in prison. It is a criminal offence under section 25(2) of the Drug Abuse and Trafficking Act 1986 (NSW) to knowingly supply or participate in the supply of at least one commercial quantity. It is punishable by a maximum penalty of 15 years` imprisonment, if the offence involves cannabis plant/leaf or other drugs, the maximum penalty is 20 years` imprisonment. If it is a “large commercial quantity”, the maximum penalty is 20 years in prison if the offence is related to the cannabis plant or herb. For other drugs, the maximum penalty is life imprisonment. It`s important to remember that you can increase your chances of getting a lenient sentence by hiring an addiction lawyer. An addiction lawyer has the expertise and experience to navigate the law and ensure you get the best possible outcome in your case. Situations that do not give rise to reasonable suspicion include cases where the police search you simply because they think you look nervous or excited, because you have a criminal record for drug offences, or because you are in an area known for drug crime. To beat a drug possession charge, there are four ways to avoid a criminal record for drug possession in New South Wales: However, if you are caught with a small amount of cannabis possession and this is your first drug possession offence, the police will usually issue a warning or warning instead of a criminal complaint.
This is as long as you agree to take addiction counselling and attend a drug treatment centre. If you don`t comply, the police can charge you with drug possession. Some of the key factors that the magistrate or judge will consider when deciding whether or not to impose a sentence under section 10 for drug possession are: In order for the police to search you legally, they must be able to prove that they had a so-called “reasonable suspicion” that you had an illegal drug. This means that the police can`t just search you randomly – they need to have some sort of factual basis for their search. People charged with second or first possession of drugs in New South Wales do not automatically receive a non-conviction under section 10 in court. Obtaining section 10 for drug possession requires solid and thoughtful preparation tailored to your case, not a generic approach. It is important to have a thorough understanding and knowledge of drug possession laws, court procedures, and familiarity with judges and magistrates. Schedule 4 drugs in New South Wales are considered poisons labeled as “prescription drugs” and include most other types of prescription drugs, such as local anesthetics, antibiotics, strong painkillers (Panadeine Forte), which are not classified as a Schedule 8 poison. Most benzodiazepines are considered Schedule 4 drugs. The supply of a prohibited drug is a criminal offence under section 25 of the Drug Abuse and Trafficking Act 1985 (NSW). It is one of the most serious drug offences.
It is also one of the most common and therefore carries severe penalties if convicted. Maximum penalties range from 10 years` imprisonment to life imprisonment. A prohibited drug includes cannabis, MDMA or ecstasy, cocaine, amphetamine, methylamphetamine and other drugs listed in Schedule 1 of the Drug Abuse and Trafficking Act. Since the early 1990s, it has been assumed in New South Wales that the general rule for delivery convictions is that an offence involving significant drug trafficking is punishable only in exceptional circumstances [Clarke (unreported, NSWCCA, 15 March 1990)]. In other words, if the court is satisfied that the perpetrators` conduct constitutes significant drug trafficking, it should impose a custodial sentence, unless the offender can satisfy the court that there are exceptional circumstances. In addition to findings of large-scale trafficking, as well as the usual periods of non-probation, the penalty for supplying a prohibited drug depends on a number of factors, including: Schedule 5 drugs in Australia are toxic substances of a dangerous nature that are often used for domestic reasons. These substances carry warnings on their packaging. A licence to sell these types of drugs is not required under the Poisons and Therapeutic Products Act. What is the exchangeable quantity? The “exchangeable quantity” reflects the weight class of the drug, which may be different for different prohibited drugs.
This is described in the next topic. The best thing you can do is say nothing, as there may be a way to fight your drug possession charge. The maximum penalty for possession of cannabis, on the other hand, is 5 units of cannabis punishment not more than 50 grams. There is an additional penalty of up to 5 penalties for cannabis use. Maximum penalties for drug offences range from 2 years to life imprisonment and/or up to $220,000 fine. The maximum sentence is rarely imposed by a judge because it is reserved for the most serious drug offenders. The sentence imposed by a court depends on the quantity or weight of the drug.