Have you been charged with Use of Drug of Dependence?
You must consider a few things in relation to this charge. Can the prosecution show that you used a drug of dependence? What kind of drug of dependence was it and in what quantity? Were there any mitigating circumstances?
You should consult a solicitor to help you deal with this charge. Often penalties for a drug use charge are a fine, but can also extend to imprisonment depending on the drug used and the representation you receive.
Please read below for more information in relation to this charge.
Elements of the offence
Section 75 of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
the defendant used cannabis; or
the defendant used another drug of dependence.
The maximum penalty
5 penalty units for the use of cannabis, being a fine issued by the Court.
30 penalty units, level 8 imprisonment being 1 year maximum, or both for any other use of a drug of dependence.
Where will my case be heard?
Use of Drug of Dependence is nearly always heard in the Magistrates’ Court.
What to do next?
While small drug use does not attract high penalties, it can mean a great expense to you in terms of fines and court time. Further, it can often be charged in conjunction with drug trafficking if a minimum quantity of a particular drug of dependence is found in your possession. This can result in much heavier penalties and longer prison sentences.
If you’ve been charged with Use of Drug of Dependence, you should contact us to help you with your matter as soon as possible.
The legislation
S75 Use of Drug of Dependence
A person who, without being authorized by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so uses or attempts to use a drug of dependence is guilty of an offence against this Act and liable—
(a) where the court is satisfied on the balance of probabilities that the offence was committed in relation to cannabis or tetrahydrocannabinol—to a penalty of not more than 5 penalty units; and
(b) in any other case—to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment.
