Western Australian Current Acts Western Australian Current Acts (1) A person commits a
crime if the person —
(a) with
intent to sell or supply a prohibited plant, or any prohibited drug obtainable
from a prohibited plant, to another person, has in his or her possession or
cultivates the prohibited plant; or
(b)
sells or supplies, or offers to sell or supply, a prohibited plant to another
person.
(2) A person who has
in his or her possession or cultivates a prohibited plant commits a simple
offence.
(3) A person does not
commit a crime under subsection (1) or a simple offence under subsection (2)
by reason only of the person having in his or her possession a prohibited
plant if the person proves that —
(a) he
or she was authorised by or under this Act, the Medicines and Poisons Act
2014 or the Voluntary Assisted Dying Act 2019 to have possession of a
prohibited drug obtainable from the plant; or
(b) he
or she had possession of the plant only for the purpose of delivering it to a
person authorised to have possession of a drug obtainable from the plant under
this Act, the Medicines and Poisons Act 2014 or the
Voluntary Assisted Dying Act 2019 and he or she took all reasonable steps to
deliver the drug to the person; or
(c) he
or she had possession of the plant 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 7 inserted: No. 13 of 2014 s. 171;
amended: No. 27 of 2019 s. 184.]