What the law states
Section 24B of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who has in his or her possession a precursor of a quantity not less than the quantity prescribed by the regulations in relation to that precursor is guilty of an offence.
(3) In this section, "precursor" means a substance:
(a) that is capable of being used to manufacture or produce a prohibited drug, and
(b) that is specified or described in the regulations as a precursor for the purposes of this section.
Example of this offence
An example of this offence includes being in possession of a range of chemicals which can be used in order to manufacture ecstacy.
In which court will my matter be heard?
Offences including possession of prohibited drug precursors 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 available to the offence of possession of prohibited drug precursors include duress and necessity. Also, a defence exists if the defendant establishes that the defendant is in possession of the precursor for the purposes of an activity that is not unlawful, and also if the defendant otherwise has a reasonable excuse for possessing the precursor.
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 $110,000 or 5 years imprisonment or both.
How can Prime Lawyers help you?
It is important to obtain legal representation should you be charged with possession of prohibited drug precursors. The criminal lawyers at Prime Lawyers are experienced in dealing with drug-related offences and will work tirelessly to secure the best possible outcome for you.