Have you been charged with Unauthorised Possession of Poison or a Controlled Substance?

What does it mean to be charged with Unauthorised Possession of Poison or a Controlled Substance?

Being charged with Unauthorised Possession of Poison or a Controlled Substance under Section 36B of the Drugs, Poisons and Controlled Substances Act 1981 (“DPCSA”) means you are accused of unlawfully possessing a controlled or regulated substance, such as a poison, without legal authorisation.

This could apply to substances classified as Schedule 8, Schedule 9, or Schedule 4 poisons, which include certain prescription medications and dangerous chemicals. Possession of these substances requires proper authorisation, such as a medical prescription or a specific licence. Being charged under this section indicates that you are believed to have acquired or held these substances unlawfully, either through false representation or without proper documentation.

Key Points of Section 36B:

1. False Representation (S 36B(1)):

• It is an offence to knowingly and falsely obtain or cause another to obtain a Schedule 8, 9, or 4 poison. This could involve falsely representing yourself to acquire such substances from a licensed professional, such as a pharmacist or doctor.
• This may involve using false documents, misleading conduct, or lying to obtain a prescription or the drug itself.
• Penalty: 10 penalty units (fines).

2.Unauthorised Possession (S 36B(2)):

• It is also an offence to be in possession of these controlled substances without being legally authorised (e.g., holding a valid prescription).
• The law specifically targets those who possess these substances without the legal right or documentation to do so.
• Penalty: 10 penalty units.

3.Exclusion of Drugs of Dependence (S 36B(3)):

• It’s important to note that this section does not cover drugs of dependence (such as heroin or methamphetamine), which are regulated under different sections of the DPCSA.