Perth Drug Offences

Cultivation, manufacturing, selling, supplying, and possession of prohibited drugs or associated paraphernalia are just a number of the most common drug offences in WA. Penalties vary with the volume of drugs, as well as the type of drug.

Assurance Legal has experience in getting the best possible outcome by reviewing the facts of the case and providing advice on how to defend or negotiate with Police to withdraw the charge, negotiate the charge, or obtain the best outcome. Contact us today.

Offences under the Misuse of Drugs Act 1981 (WA)

• Possession of a prohibited drug with the intent to sell or supply to another
  • NOTE: Intent to sell and supply a drug will be presumed if you possess a certain amount of the drug. For example:
    • Cannabis – 100 grams, or 20 grams of resin, or 10 plants
    • Cocaine, Dexamphetamine, Dimethyltryptamine (DMT), Heroin, MDMA, Methylamphetamine – 2 grams
    • LSD/Acid – 0.002 grams
    • Psylocibin – 0.1 grams
    • Steroids (various) – 50 grams
  • The presumption that you intend to sell or supply the drug(s) can be rebutted
    • NOTE: Possession of a prohibited drug and use of a prohibited drug are simple offences carrying less severe punishments. Contact Assurance Legal today as we may be able to negotiate with Police to downgrade a charge.
  • The offence of possession of a prohibited drug with intent to sell or supply is very serious and the maximum penalty is up to life imprisonment. It is important that you seek professional legal advice immediately.
• Manufacture of a prohibited drug
• Selling or supplying, or offering to sell or supply, a prohibited drug
  • This charge is very serious and carries with it the risk of a large term of imprisonment. It is strongly advised that you obtain professional legal advice as soon as possible.
• Trafficking
  • As with selling and supplying, the Misuse of Drugs Act provides for a presumption that you are trafficking a prohibited drug if you have possession of a certain quantity of the drug. For example:
    • Cannabis – 3 kilograms, 100 grams of resin, 20 plants
    • Cocaine, MDMA, Methylamphetamine, Amphetamines, DMT, Heroin – 28 grams
    • LSD/Acid – 0.01 grams
    • Steroids (various) – 700 grams

Other offences associated with drugs:

• Possession of Stolen or Unlawfully Obtained Property: Criminal Code s 417
  • Usually charges under this section involve sums of money or other valuables in conjunction with drugs charges
  • Defending this charge will involve proving that the property was not unlawfully obtained or a reasonable person would not have suspected that it was stolen.
• Possession of Drug Paraphernalia: Section 7B Misuse of Drugs Act 1981
  • Police may charge you with this offence if they locate paraphernalia on or in which there is a prohibited drug or prohibited plant. Types of drug paraphernalia include pipes, grinders, and scales. Penalties for this offence can be as severe as 3 years’ imprisonment or a fine of up to $36,000.00.
  • It is a defence to this charge if you are authorised to possess the drug by virtue of the Medicines and Poisons Act. This may be the case if you have been prescribed medicinal cannabis and the paraphernalia is the prescribed mode of delivery.
  • Retailers may be charged if they display any drug paraphernalia for sale.
  • Likewise, a person who sells drug paraphernalia to another may be charged. This can result in a term of imprisonment if the person is selling the paraphernalia to a child.
  • These are serious criminal offences, making it extremely important to receive legal advice as soon as possible. If you’ve been charged with a drug paraphernalia offence, the lawyers at Assurance Legal can help you navigate the Court process and fight for a positive outcome.
• Fail to Comply with a Data Access Order
  • What is a Data Access Order? If Police lawfully seize your computer, phone, or other device on which data is stored, they may request that you provide a PIN or Password to allow access to the device. If you do not provide these details, Police may apply for a Data Access Order which will require you to provide these details.
  • The Police must have grounds for believing that the device will contain data relevant to a serious offence that you have committed. These orders are commonly sought when investigating a drug offence.
  • You may commit an offence if you do not comply with a data access order. Maximum Penalties:
  • Imprisonment for 5 years (Indictment)
  • Imprisonment for 2 years and a fine of $24,000 (Summary)
  • It is important to obtain legal advice as soon as you are served with a Data Access Order, as you will have a short period of time within which to comply. At Assurance Legal, we can help you assess your options quickly and efficiently and determine whether you have an available defence to failing to comply with a Data Access Order.
• Drug Trafficker declaration
  • If convicted of 3 serious drug offences, or 1 or more drug trafficking offences, you may be declared by the Court to be a Drug Trafficker: Misuse of Drugs Act s 32A(1)
  • This declaration empowers the Police to confiscate any of the property that you own or control, or had previously given away to others (whether gifts or otherwise): Criminal Property Confiscation Act 2000 (WA) s 8
  • A declaration of this kind will have massive consequences for you, so it is advisable to obtain professional legal advice as soon as possible.

Drug Court

• Offenders with entrenched drug addictions may be eligible to participate in Drug Court, a Court stream focused on the rehabilitation of offenders, aiming to break the cycle of drug addiction and facilitate meaningful change. Regular Court hearings will be conducted before the matter is sentenced, in order to monitor the progress of the offender as they complete the program. The program may take up to 24 months’ to complete.
• When a participant is accepted into the Drug Court program, the participant will be given an indicated sentence. The indicated sentence is the penalty that the participant may have received if they did not complete the program. If the program is completed successfully, the participant will have shown a willingness to address their drug misuse issues and change their lifestyle for the better. If the program is completed successfully, the participant is likely to receive a reduced sentence from that which was previously indicated.
• The Drug Court is located at Perth Magistrates Court. If you think that you may benefit from participation in the Drug Court, your matter may be transferred from other Court locations to Perth for assessment and participation in the Drug Court Regime. Contact the team at Assurance Legal today to discuss whether Drug Court is an option for you.

Sentences for drug offences vary, but in WA the penalties are particularly harsh. In serious cases, offenders may face up to life imprisonment. So it is important to obtain professional legal advice about your case and the options open to you.

Possible options

• We may be able to negotiate the facts of your case with Police, potentially resulting in a downgraded charge subject to less severe penalties
• Defend the charges
  • Drug was not in your possession
  • You did not have the intent to sell and supply the drug
  • You did not manufacture the drug
  • An accused may avoid penalty for drug offences if it can be demonstrated that the possession or supply of drugs is necessary for medicinal or law-enforcement purposes: Misuse of Drugs Act 1981 (WA) ss 6(3), 7(3)