Have you been charged with Unauthorised Possession etc. of Poison or Controlled Substance under section 36B(2)?
If the answer is yes, then you will need to engage an experienced criminal lawyer to help you with your matter. There are certain questions you should ask if you have been charged with possession of an unauthorised prescription for a controlled substance.
Can the prosecution make out their case? Did you know you had unauthorised possession? Did you obtain the prescription yourself or induce a medical professional to authorise the prescription? Were you in possession of a schedule 8, 9 or 4 poison?
Please read below for more information in relation to this charge.
Elements of the offence
Section 36B of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
the defendant knowingly and falsely obtained or caused another to obtain for them an unauthorised prescription;
the representation was in writing, verbal or made by conduct to obtain or induce to take into possession an authorised prescription; or
that the defendant had in their possession a schedule 8, 9 or 4 poison without authorisation.
The maximum penalty
10 penalty units being a fine issued by the Court.
Where will my case be heard?
Unauthorised Possession of Poison or Controlled Substance is a summary offence and will be heard in the Magistrates’ Court.
What to do next?
If you have been charged with Unauthorised Possession etc. of Poison or Controlled Substance etc. you should make an appointment to see an experienced criminal lawyer at our firm immediately. Good preparation is key to the success of any criminal matter. The sooner your case is addressed, the better your chances in court.
The legislation
S36B Unauthorised Possession etc. of Poison or Controlled Substance etc.
(1) A person shall not knowingly by false representation, whether oral or in writing or by conduct—
(a) obtain a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison from a person authorised by or licensed under this Act or the regulations to possess, manufacture, sell or supply the Schedule 8 poison, Schedule 9 poison or Schedule 4 poison;
(b) obtain a prescription or order for a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison from a registered medical practitioner, registered optometrist, dentist, pharmacist or veterinary practitioner or a person authorised by this Act or the regulations to issue or possess the prescription or order;
(c) cause or induce a registered medical practitioner to administer a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison to him by injection or otherwise; or
(d) cause or induce a pharmacist or a person authorised by this Act or the regulations to supply a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison, to dispense a prescription or order for that Schedule 8 poison, Schedule 9 poison or Schedule 4 poison, if the first-mentioned person knows the prescription or order to have been obtained in contravention of this Act or the regulations.
Penalty: 10 penalty units.
(2) A person shall not have in his possession a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison unless he is authorized by or licensed under this Act or the regulations to do so.
Penalty: 10 penalty units.
(3) In this section a reference to a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison does not include a reference to a drug of dependence.
