What the law states
Section 11 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who has in his or her possession any item of equipment for use in the administration of a prohibited drug is guilty of an offence.
(1A) Subsection (1) does not apply to or in respect of a hypodermic syringe or a hypodermic needle.
This section does not apply to people who are authorised to posses such equipment, whether prescribed by regulations or authorities, or they are required to possess such equipment due to the demands of their profession. The professions listed in section 11(2) of the Drug Misuse and Trafficking Act 1985 (NSW) and include:
(a) a medical practitioner, dentist, veterinary practitioner, pharmacist, nurse or midwife acting in the ordinary course of his or her profession,
(b) a member of any other prescribed profession acting in the ordinary course of that profession,
(c) a person licensed or authorised to have possession of the item of equipment under the Poisons and Therapeutic Goods Act1966,
(d) a person authorised to have possession of the item of equipment by the Secretary of the Department of Health, or
(e) a person for use in the administration of a prohibited drug lawfully prescribed or supplied.
Example
A common example of this offence is being caught by police with a cannabis inhalation device.
Before which court will my matter be heard?
Possession of equipment for administration of prohibited drugs 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 which can be used in relation to this offence include necessity, and duress.
Penalties
The maximum penalty for possession of equipment for administration of prohibited drugs 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 possession of equipment for administering a prohibited drug. We will advise you on the best way to proceed with your matter, and can provide you with advice to assist with your decision in pleading guilty or not guilty. Should you choose to plead 'not guilty', we will explain any possible defences in an attempt to achieve the best outcome for you.