Use of a Prohibited Drug
What is Use of a Prohibited Drug?
Under Section 12 of the Drugs Misuse and Trafficking Act 1985, it is an offence to self-administer a prohibited drug.
It is a summary offence, which means that it will be dealt with in the Local Court jurisdiction.
Common prohibited drugs can include Cannabis, Amphetamine (Ice and Speed), Heroin, LSD, GHB, MDMA, GHB, however, the list can also include other lesser known substances.
There are numerous ways to use a prohibited drug, including smoking, swallowing, snorting or injecting. It is irrelevant how the drug is consumed. What is relevant is the fact that the drug is in the system.
Going to Court – "What am I looking at?"
This offence carries a penalty of a maximum fine of $2,200 and/or 2 years imprisonment.
In NSW, it is usually the case that the greater quantity of the drug, the harsher the penalty that the Court will give out. The Court will however, also take into account the fact that if the intention was for personal use, and as such it will attract a lesser penalty.
In many cases involving a charge of Use a Prohibited Drug, especially where the amount is small, custodial sentences will not be imposed, but rather a range of sentencing options may include either a Community Correction Order ("CCO") or a Conditional Release Order ("CRO"), whereby the matter can be discharged under a bond or undertaking to the Court that no further offences will be committed without the need for a conviction and a criminal record.
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