What the law states
Section 24A of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who has possession of:
(a) a precursor, or
(b) a drug manufacture apparatus,
intended by the person for use in the manufacture or production, by that person or another person, of a prohibited drug is guilty of an offence.
Example of this offence
A common example of this offence includes being in possession of the chemicals and ingredients required to manufacture a drug.
In which court will my matter be heard?
Offences including possession of precursors and certain apparatus for manufacture or production of prohibited drugs fall under Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that these offences are considered indictable offences, and are heard in the District or Supreme Court.
Defences
Defences to this offence include but are not limited to duress and necessity. Also, those licenced or authorised under the Poisons and Therapeutic Goods Act 1966 or somebody given authority by the Director General of the Department of Health are exempt from liability.
Section 35A of the Drug Misuse and Trafficking Act 1985 (NSW) outlines a further defence, that it is not illegal to possess or manufacture a prohibited substance if the substance is contained in a product where the substance cannot be readily extracted, or in a product not for human consumption, or if the substance is possessed for the purpose of its disposal as waste or its destruction.
Penalties
The maximum penalty for this offence is a fine of $220,000 or 10 years imprisonment or both.
How can Prime Lawyers help you?
The criminal lawyers at Prime Lawyers are experienced in dealing with drug matters. If you are charged with possession of precursors for manufacture of prohibited drugs, the lawyers at Prime can assist you in applying any appropriate defences and will work tirelessly to achieve the best result for you.