What the law says
Section 18 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who, by any representation (whether verbal, or in writing, or by conduct), obtains or attempts to obtain:
(a) a prohibited drug, or
(b) a prescription that includes a prohibited drug,
from an authorised person without previously informing the authorised person of the quantity of that or any other prohibited drug or prohibited drugs for which the person has obtained prescriptions from authorised persons within the period of 2 months immediately preceding the time of the representation, where the failure or refusal to inform the authorised person is made with intent to deceive the authorised person, is guilty of an offence.
In which court will my matter be heard?
Obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners falls under Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that this offence is considered a summary offence, and is heard in the Local Court.
Defences
Defences to the offence of obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners include but are not limited to:
Penalties
The maximum penalty for obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners is 2 years imprisonment or $2200 or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.