Drug Possession Charges in the ACT: What You Need to Know

In most Australian jurisdictions, there are two broad categories of drug offences: those that relate to the possession of drugs and those that cover their supply. The consequences of getting caught with illegal drugs can be significant and can have serious ramifications later on in life.

If you have been charged with a drug possession offence in the ACT, it is recommended that you seek legal advice from drug offence lawyers as soon as possible. This article provides a general overview of drug possession offences in the ACT, including their elements, defences, and penalties. Keep reading to learn more about drug possession offences in the ACT.

Many of the drug offences in the Australian Capital Territory are covered by the provisions of the Drugs of Dependence Act 1989, Criminal Code 2002, and the Medicines, Poisons, and Therapeutic Goods Act 2008. The laws make it illegal to possess, use, give away, make, exchange, or sell illegal substances or drugs. Although seemingly straightforward, drug laws in the ACT are immensely complex.

Examples of drugs of dependence include:

The maximum penalty for this offence is a fine of 50 penalty units, two years in prison, or both.

Possessing a prohibited drug is a crime under Section 171 of the Drugs of Dependence Act 1989, which stipulates that one shall not have a prohibited substance (unless authorised to do so by the Medicines, Poisons and Therapeutic Goods Act 2008).

Examples of prohibited substances include:

There may be some overlap in certain circumstances with the federal laws that may apply, such as import and export regulations, the Criminal Code Act of 1995, the Narcotic Drugs of 1967, and so forth. The Poisons Standard, for instance, describes restrictions of a certain substance, and it gets updated and managed regularly by the Therapeutic Goods Administration. In the Poisons Standard, the availability and restrictions are determined through Schedules. Here are some examples of said Schedules and restrictions:

• The drugs under Schedule 3 can only be bought in a pharmacy even without a prescription
• Substances listed under Schedule 4 require a prescription from professional medical practitioners
• Drugs under Schedule 8 are controlled drugs, of which unauthorised possession is illegal
• Prohibited drugs are classified under Schedule 9

To be found guilty of possessing a drug, the prosecution must be able to prove the following elements beyond a reasonable doubt:

• That you had a drug in your exclusive possession;
• That the drug in your possession was a prohibited drug;
• That you had the requisite intention or knowledge of the drug being in your possession.

A Simple Cannabis Offense Notice could be given by the police for a minor marijuana crime. There is a $100 fine. Possessing up to 50 g of dried cannabis or 2 plants that were not grown in a lab is a Simple Cannabis Offense, as long as the police officer think the drug is only for personal use. If the fine is paid in 60 days, there is no record of a criminal conviction. If it isn't, criminal charges are brought. If the court deals with a simple crime, the maximum penalty is $150 and a criminal record.

If you are caught with other controlled drugs, you could get a $7,500 fine or 2 years in prison.

If you are caught with drugs in your possession, the first thing to do is remain calm and avoid saying anything that may incriminate yourself. It would be best if you asked to speak to a lawyer as soon as possible. If you cannot afford a lawyer, you may be eligible for legal aid.

The consequences of possession of drug conviction can be severe, and it is important to get expert legal advice to ensure that your rights are protected.

If you have been charged with possession of drugs, it is important to seek legal advice as soon as possible. A conviction for drug possession can result in a fine, imprisonment, or both. The consequences of possession of drugs conviction can be severe, and it is important to get expert legal advice to ensure that your rights are protected.

If you decide to plead guilty to drug possession, the local court will take into account your criminal history, the type of drug involved, the quantity of the drug, and whether the drug was for personal use or supply. When pleading guilty, the court may also consider any mitigating factors, such as your age, lack of prior convictions, and contrition. You may receive a criminal record if you plead guilty.

A criminal record can have a significant impact on your life, so it is important to get expert legal advice if you have been charged with drug possession.

If you decide to plead not guilty to drug possession or drug misuse, you will have a chance to present your defence at trial. The prosecution must prove all the elements of the criminal offence beyond a reasonable doubt for you to be convicted. Some defences that may be available to you include:

• The police did not have a valid search warrant;
• The police did not have probable cause to search you;
• The drugs were not in your exclusive possession;
• You did not have the requisite intention or knowledge of the drug being in your possession.



If you are successful in defending the charges, you will be found not guilty and will be able to walk away without a criminal conviction.

However, if you are found guilty, the court will take into account your criminal history, the type of drug involved, the quantity of the drug, and whether the drug was for personal use or supply. 

Drug possession charges could either land you with a mere slap on the wrist or a hefty punishment. The criminal law for drugs is complex as well, as each type of drug could mean navigating separate rules and regulations to find out where you stand for each different drug. This article seeks to help you gain a little more insight into how drugs are viewed by the law.

Should you find yourself stuck facing a drug charge, you need advice from one of the best criminal lawyers in Canberra. Andrew Byrnes Law Group offers you lawyers that are fearless fighters, dedicated to helping you win your case. Results-focused and deliberately different, we’ll be your most trusted adviser and guide you through the process. Book a free consultation with us today.