What the law states
Section 13 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who administers or attempts to administer a prohibited drug to another person is guilty of an offence.
(2) Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to another person by:
(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(b) a person authorised to do so by the Secretary of the Department of Health.
(3) Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to a person for or to whom the prohibited drug has been lawfully prescribed or supplied.
Example of this offence
A common example of this offence is if you are witnessed injecting another person with heroin.
Before which court will my matter be heard?
Administration of prohibited drugs to others 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 administration of prohibited drugs to others include but are not limited to:
- Duress
- Necessity
- If the person administering the drug is licensed under the Poisons and Therapeutic Goods Act 1966 (NSW) or by the Secretary of the Department of Health, or if the prohibited drug has been lawfully prescribed.
Penalties
The maximum penalty for administration of prohibited drugs to others 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 administration of prohibited drugs to others. 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.