Possessing drugs is an offence under the Act Drugs, Poisons and Controlled Substances Act 1981.
The police must prove beyond reasonable doubt two things:
- It was a drug you were found with.
- That you were in possession of the drugs.
Possession has a legal meaning that is different from what people generally think. It involves a state of mind and the knowledge of what you are possessing.
Drug charges can affect you in many ways even if you are caught with a very small amount. The main impact is on travel. Luckily there is a process called the Diversion Program which if you are pleading guilty you might be able to get and that means the charges are dismissed.
The important factors in sentencing are the amount you possess and whether you have a prior court appearance for a charge of possessing a drug.
The maximum penalty for this charge is 5 years in prison.
In possession cases there are often issues about whether there is evidence of trafficking which generally leads to other charges and is more serious