New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 10

10 Possession of prohibited drugs

(1) A person who has a prohibited drug in his or her possession is guilty of an offence.

(2) Nothing in this section renders unlawful the possession of a prohibited drug by--

(a) a person licensed or authorised to have possession of the prohibited drug under the Poisons and Therapeutic Goods Act 1966 ,

(a1) a person acting under a poppy licence under the Poppy Industry Act 2016 ,

(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,

(b1) a person acting in accordance with a direction given by the Commissioner of Police under section 39Q,

(c) a person for or to whom the prohibited drug has been lawfully prescribed or supplied, or

(d) a person who--

(i) has the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and

(ii) has the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply.