Have you been charged with Unauthorised Possession of Poison or a Controlled Substance?
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Ice Epidemic in Victoria
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Unauthorised Possession of Poison or a Controlled Substance
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Manufacturing Heroin
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Trafficking a Drug of Dependence in a Large Commercial Quantity
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Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
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Trafficking a Drug/s of Dependence in a Commercial Quantity
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Trafficking a drug/s of Dependence to a Child
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Trafficking a Drug/s of Dependence
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Supplying a Drug/s of Dependence to a Child
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Possession of Tablet Press
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Possession of Chemical Precursor Chemicals
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Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
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Cultivation of Narcotic Plants
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Drug of Dependence into the Body of Another Person
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Obtaining Drugs of Dependence by False Representation
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With Use or Possession of a Drug of Dependence
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.
What must the prosecution prove?
- You knowingly and fraudulently acquired, or caused someone else to acquire on your behalf, an unauthorised prescription.
- You made a false representation—whether in writing, verbally, or through conduct—in order to obtain or induce someone to issue an authorised prescription.
- You were found in possession of a Schedule 8, 9, or 4 poison without proper authorisation.
Penalties for Unauthorised possession of Poison or Controlled Substance:
The penalty for unauthorised possession is 10 penalty units, which equates to a fine issued by the Court.
Factors and Defences to consider:
Did you have any legitimate authorisation, such as a valid prescription or license, to possess the substance in question?
- Evaluate whether you knowingly possessed the substance and if you intended to use it unlawfully.
- Was anyone else involved in the possession?
- What were the surrounding circumstances?
- What was the chain of custody of the substance?
- How did it come into your possession?
Where will my case be heard?
Unauthorised Possession of Poison or a Controlled Substance is classified as a summary offence and will be heard in the Magistrates’ Court.
-
Ice Epidemic in Victoria
-
Unauthorised Possession of Poison or a Controlled Substance
-
Manufacturing Heroin
-
Trafficking a Drug of Dependence in a Large Commercial Quantity
-
Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
-
Trafficking a Drug/s of Dependence in a Commercial Quantity
-
Trafficking a drug/s of Dependence to a Child
-
Trafficking a Drug/s of Dependence
-
Supplying a Drug/s of Dependence to a Child
-
Possession of Tablet Press
-
Possession of Chemical Precursor Chemicals
-
Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
-
Cultivation of Narcotic Plants
-
Drug of Dependence into the Body of Another Person
-
Obtaining Drugs of Dependence by False Representation
-
With Use or Possession of a Drug of Dependence
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What happens next?
After being charged with Unauthorised Possession of Poison or a Controlled Substance, the first step is to seek legal advice from a qualified solicitor, such as those at MK Law, who can guide you through the legal process. Your lawyer will review the details of your case, discuss the evidence against you, and outline your options for defence.
Depending on the circumstances, your case may be resolved through negotiation or plea bargaining with the prosecution, or it may proceed to a hearing in the Magistrates’ Court. If your case goes to court, your lawyer will prepare your defence strategy, which may involve challenging the evidence, negotiating for lesser charges, or presenting mitigating factors that could influence sentencing. Throughout this process, it is crucial to stay informed and cooperate with your legal representation to achieve the best possible outcome. Ring 1800 130 120 today to receive confidential and expert advice.
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