It is a breach of the law to have a prohibited drug in your possession pursuant to section 10 of the Drug Misuse and Trafficking Act 1985 (NSW). The maximum penalty for possession of illegal drugs is 2 years imprisonment or a fine of 20 penalty units.
To find you guilty of the offence, the prosecution must prove beyond reasonable doubt that:
- You had a prohibited drug in your possession; and
- You knew it was in your possession, or you knew of its likely existence and nature, or you believed that it was a drug.
If the prosecution fail to prove, beyond reasonable doubt, the above factors then you will not be found guilty of the offence.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defences can be established:
Section 35A which states that it is not illegal to possess or manufacture a prohibited substance if it is contained in a product where it cannot be readily extracted or synthesized, or in a product not for human consumption, or if the substance is possessed for the purpose of its disposal as waste or its destruction.
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