Possessing Controlled Precursors
Examples of Possessing Controlled Precursors
- A search warrant is found and a homemade drug lab is found set up inside a house. Ephedrine, a chemical materials to make methylamphetamine , is found inside the property.
- A person if found in possession of isosafrole, a precursor chemical required to make ecstasy.
What is the legal definition of Possessing Controlled Precursors?308.2 Possessing controlled precursors
- A person commits an offence if:
- the person possesses a substance; and
- the person intends to use any of the substance to manufacture a controlled drug; and
- the substance is a controlled precursor.
LegislationThe legislation for this offence can be found on section 308.2 of the Commonwealth Criminal Code Act 1995.
Elements of the offenceThe Prosecution must show that the accused possessed a substance which required authorisation and the possession was not authorised. The accused is taken to have possessed the substance with the intention of using some or all of the substance to manufacture a controlled drug.
Questions in cases like this
- Is the precursor a controlled substance?
- Were you permitted to be in possession of the precursor?
- Were you in possession of the precursor?
You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
“Have you been accused of possessing chemicals to make illicit drugs?”
The maximum penalty for Possessing Controlled Precursors (section 308.2 of the Commonwealth Criminal Code 1995) is imprisonment for 2 years or 400 penalty units ($64, 476 at the time of print), or both.