Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 73

Possession of a drug of dependence


S. 73(1) amended by Nos 20/2016 s. 133(1), 61/2017 s. 133(1).

    (1)     A person who without being authorized by or licensed under this Act or the regulations, the Access to Medicinal Cannabis Act 2016 or the regulations under that Act or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so has or attempts to have in his possession a drug of dependence is guilty of an indictable offence and liable—

        (a)     where the court is satisfied on the balance of probabilities that—

S. 73(1)(a)(i) amended by No. 48/1997 s. 42(1)(a).

              (i)     the offence was committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol;

S. 73(1)(a)(ii) amended by No. 48/1997 s. 42(1)(b).

              (ii)     the offence was not committed for any purpose related to trafficking in cannabis or tetrahydrocannabinol—

to a penalty of not more than 5 penalty units;

S. 73(1)(b) amended by No. 48/1997 s. 41(4).

        (b)     subject to paragraph (a), where the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in that drug of dependence—to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment; or

S. 73(1)(c) amended by No. 48/1997 s. 41(5).

        (c)     in any other case—to a penalty of not more than 400 penalty units or to level 6 imprisonment (5 years maximum) or to both that penalty and imprisonment.

S. 73(2) amended by Nos 20/2016 s. 133(2), 61/2017 s. 133(2).

    (2)     Where a person has in his possession, without being authorized by or licensed under this Act or the regulations, the Access to Medicinal Cannabis Act 2016 or the regulations under that Act or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence.

S. 74 substituted by No. 10002 s. 7(1), amended by Nos 48/1997 s. 41(6), 20/2016 s. 134, 61/2017 s. 134.



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