What the law states
Section 14 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who permits another person to administer or attempt to administer to him or her a prohibited drug is guilty of an offence.
(2) Nothing in this section renders unlawful the giving of permission for the administration or attempted administration of a prohibited drug by a person for whom or to whom the prohibited drug has been lawfully prescribed or supplied.
Example of this offence
An example of this offence is if you invite another into your house and permit them to smoke marijuana in your house, you are permitting them to administer prohibited drugs.
In which court will my matter be heard?
Permitting another to administer 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 to the offence of permitting another to administer prohibited drugs include necessity and intoxication. Also, if the prohibited drug has been lawfully prescribed.
Penalties
The maximum penalty for permitting another to administer prohibited drugs is 2 years imprisonment or $2200 or both.
How can Prime Lawyers help you?
If you are charged with this offence, the experienced criminal lawyers at Prime Lawyers can assist you. They will analyse the facts surrounding the alleged offence and advise you of the different directions which the matter can take. Should you wish to plead not-guilty, our criminal lawyers will discuss possible defences with you and fight vigorously to secure the best result for you.