Western Australian Current Acts

MISUSE OF DRUGS ACT 1981 - SECT 7B

7B .         Drug paraphernalia, offences as to

        (1)         In this section —

        display , in relation to drug paraphernalia, includes to authorise or allow drug paraphernalia to be displayed;

        drug paraphernalia means —

            (a)         any thing made or modified to be used in connection with manufacturing or preparing a prohibited drug or a prohibited plant —

                  (i)         for administration to a person; or

                  (ii)         for smoking, inhaling or ingesting by a person; or

                  (iii)         to be burned or heated so its smoke or fumes can be smoked or inhaled by a person;

                or

            (b)         any thing made or modified to be used by a person —

                  (i)         to administer a prohibited drug or a prohibited plant to a person; or

                  (ii)         to smoke, inhale or ingest a prohibited drug or a prohibited plant; or

                  (iii)         to smoke or inhale the smoke or fumes resulting from burning or heating a prohibited drug or a prohibited plant.

        (2)         A person who displays any drug paraphernalia for sale in a retail outlet commits a simple offence.

        Penalty: a fine of $10 000.

        (3)         A person who sells any drug paraphernalia to an adult commits a simple offence.

        Penalty: a fine of $10 000.

        (4)         A person who sells any drug paraphernalia to a child commits a simple offence.

        Penalty: a fine of $24 000 or imprisonment for 2 years or both.

        (5)         It is a defence to a charge of an offence under subsection (2), (3) or (4) to prove —

            (a)         the accused was a person prescribed; or

            (b)         the drug paraphernalia displayed or sold was a thing prescribed or of a class prescribed; or

            (c)         the display or sale occurred in circumstances prescribed,

                for the purposes of that subsection.

        (6)         A person who is in possession of any drug paraphernalia in or on which there is a prohibited drug or a prohibited plant commits a simple offence.

        Penalty: a fine of $36 000 or imprisonment for 3 years or both.

        (7)         It is a defence to a charge of an offence under subsection (6) to prove —

            (a)         the accused was authorised by or under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to possess the prohibited drug or prohibited plant; or

            (b)         the accused had possession of the drug paraphernalia —

                  (i)         only for the purpose of delivering it to a person authorised under this Act, the Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to have possession of any prohibited drug or prohibited plant in or on it; and

                  (ii)         in accordance with the authority in writing of the person so authorised,

                and that, after taking possession of the drug paraphernalia, the accused took all such steps as were reasonably open to the accused to deliver it into the possession of that person; or

            (c)         the accused had possession of the drug paraphernalia only for the purpose of analysing material in or on it, examining it or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert.

        [Section 7B inserted: No. 56 of 2011 s. 6; amended: No. 13 of 2014 s.172; No. 27 of 2019 s. 185.]

[ 8.         Deleted: No. 13 of 2014 s. 173.]