Have you been Charged with Possession of Chemical Precursor Chemicals?
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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 dos it mean to be Charged with Possession of Chemical Precursor Chemicals?
Under Section 71D of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) (“DPCSA”), it is an indictable offence to possess precursor chemicals in a specified quantity without lawful authorisation or excuse.
What are Precursor Chemicals?
These are chemicals that can be used to manufacture illicit drugs (such as methamphetamines or MDMA). Specific precursor chemicals are listed under the Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2021, Schedules 1,2 and 3.
For this offence to be charged, you must possess a certain amount of the chemical (the prescribed quantity), which is set by law for each specific precursor chemical. The offence applies only if the person possesses at least the minimum quantity of the precursor chemical specified by the regulations. This threshold prevents individuals from being charged for possessing trace amounts, but having significant quantities raises suspicion of intent to manufacture illicit drugs.
What does the prosecution have to prove?
- You have possession or control over the precursor chemicals. This could be direct possession (physically having the chemicals) or constructive possession (storing them in a location they control).
- You are not authorised or licensed to possess the precursor chemicals.
What are the Penalties for Possessing Precursor Chemicals?
If found guilty, you can face a penalty of up to 600 penalty units (significant monetary fines) or level 6 imprisonment (maximum of 5 years), or both.
Factors and Defences to consider:
- Did you have authorisation to possess the precursor chemicals?
- Did you have possession of precursor chemicals?
- Did you possess a quantity over the threshold according to the regulations?
- What were your surrounding circumstances of your offence?
-
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 the Possession of Precursor Chemicals, the next step is to seek legal advice. At MK Law, we will guide you through the legal process and provide tailored advice on your options moving forward. Our team will assess your case, review the charges, and examine the evidence to identify any strengths or weaknesses in the prosecution’s case. We will clearly explain your legal rights, potential defences, and the penalties you may face.
Additionally, we will discuss your plea options, whether it’s pleading guilty or contesting the charges, and help you understand any potential plea bargains. If you choose to defend the charges, we will work closely with you to prepare a strong defence strategy, which includes gathering evidence, challenging the prosecution’s case, and exploring all possible defences. We can also negotiate with the prosecution for reduced charges or penalties if appropriate. If your case proceeds to trial, MK Law will represent you in court, advocating for the best possible outcome while ensuring your rights are protected throughout the entire process. Call 1800 130 120 for confidential expert advice today.
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