Possessing Things – S10 Drugs Misuse Act
What the Law states – Possessing Things – S10 Drugs Misuse Act
This section creates offences for possessing things used in connection with a crime involving dangerous drugs.It is a crime or an offence to:
1) Possess anything for use in connection with the commission of a drugs crime; or that the person has used in connection with such a purpose;(section 10(1) of the Drugs Misuse Act)
2) Unlawfully have in your possession anything (not being a hypodermic syringe or needle)-
(a) For use in connection with the administration, consumption or smoking of a dangerous drug; or
(b) That the person has used in connection with such a purpose; (section 10(2) of the Drugs Misuse Act)
3) Supply a hypodermic syringe or needle to another, whether or not such other person is in Queensland, for use in connection with the administration of a dangerous drug. (Medical practitioner, pharmacist or person or member of a class of persons authorised so to do by the Minister administering the Health Act 1937 are exempted) (section 10(3) of the Drugs Misuse Act)
4) Have in your possession a hypodermic syringe or needle and fail to use all reasonable care and take all reasonable precautions so as to avoid danger to the life, safety or health of another. (section 10(4) of the Drugs Misuse Act)
5) Have in your possession a hypodermic syringe or needle that has been used in connection with the administration of a dangerous drug and fail to dispose of it in accordance with the procedures prescribed by regulation.
Which court will hear the matter – Possessing Things – S10 Drugs Misuse Act
Under section 13 of the Drugs Misuse Act 1986 certain (less serious with maximum penalties of less than 15 years) offences can be dealt with summarily in the Magistrates Court.
These offences may therefore be dealt with in the Magistrates Court or in the Supreme Court
Possible Defences – Possessing Things – S10 Drugs Misuse Act
Other possible defences to this offence include but are not limited to:
1. Not having sufficient control of the thing
2. Having no knowledge of or reason to suspect the connection to the offence.
3. Duress
4. That the thing was not used or was not in possession for use in connection with an offence.
Maximum Penalty – Possessing Things – S10 Drugs Misuse Act
The maximum penalty for breach of section 10(1) of the Drugs Misuse Act 1986 (ie. Possessing anything for use or using anything in connection with the commission of a drugs crime) is 15 years imprisonment. For all other offences created under section 10 the maximum penalty is 10 years imprisonment.
If you are interested to know something more on Possess Drug Implements – S10DMA and other details,you are welcome to the Drug Charges site.
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