It is an offence to self-administer or use a prohibited drug according to section 12 of the Drug Misuse and Trafficking Act 1985 (NSW). The maximum penalty for this offence is 2 years imprisonment or $2,200 fine or both.
In order to be convicted of this offence, the prosecution must prove beyond reasonable doubt that you used a prohibited drug. If the prosecution fails to prove this, beyond reasonable doubt, 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 defenses can be established:
- The prohibited drug has been lawfully prescribed for you to use.
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