Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 14

14 .         Possession of certain substances or things

        (1)         A person who, without lawful excuse, has in the person’s possession a substance that contains, or substances that together contain, a quantity of a category 1 item or a category 2 item that exceeds the quantity prescribed in relation to the item concerned commits a crime.

        Penalty: $20 000 or imprisonment for 5 years or both.

        Summary conviction penalty: $12 000 or imprisonment for 3 years or both.

        (2)         A person who, without lawful excuse, has in the person’s possession a category 1 item or a category 2 item commits a simple offence.

        Penalty: $12 000 or imprisonment for 3 years or both.

        (3)         A person does not commit an offence under subsection (1) or (2) if the person is authorised by or under this Act or by or under the Medicines and Poisons Act 2014 to possess the item or substance concerned and does so in accordance with that authority.

        (4)         A person does not commit an offence under subsection (1) or (2) by reason only of the person having in the person’s possession a category 1 item, a category 2 item or a particular substance if the person proves that —

            (a)         he or she was authorised by or under this Act or the Medicines and Poisons Act 2014 to have possession of the item or substance; or

            (b)         he or she had possession of the item or substance only for the purpose of delivering it to a person authorised to have possession of the item or substance under this Act or the Medicines and Poisons Act 2014 and he or she took all reasonable steps to deliver the item or substance to the person; or

            (c)         he or she had possession of the item or substance for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert.

        [Section 14 inserted: No. 62 of 2004 s. 5; amended: No. 13 of 2014 s. 174 .]



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