Under Section 171AA(1) of the Drugs of Dependence Act 1989 (ACT), if you are under the age of 18 it is an offence to possess:
The maximum penalty for this offence is 1 penalty unit ($275). If you are 18 years or older this conduct is decriminalised and you cannot be prosecuted in court.
Under Section 171AA(2) of the Drugs of Dependence Act 1989 (ACT), it is an offence to possess, whether you are an adult or child:
The maximum penalty for this offence is imprisonment for 2 years.
For possession of cannabis in the ACT, prosecutors must establish specific criteria. For individuals under 18, it involves proving the accused’s age, possession of cannabis, and possession of 50g or less of dried cannabis, or 150g or less of harvested cannabis that is not dried or a mixture of both. For individuals of any age, prosecutors need to prove possession of cannabis exceeding 50g of dried cannabis or more than 150g of harvested cannabis that is not dried or a mixture.
Your criminal defence lawyer may dispute possession or knowledge of the cannabis, challenge measurement accuracy, highlight procedural errors in evidence handling, or argue for legitimate medical use.
Are there any exceptions to possessing cannabis in the ACT?
Yes, if you possess cannabis and you are authorised under the Medicines, Poisons and Therapeutic Goods Act 2008, or another territory law, then your actions are lawful. This means that if you have a licence or approval to possess cannabis, you cannot be charged under this section.
What is the legal definition of cannabis?
Under the Drugs of Dependence Act, cannabis is defined as a cannabis plant, whether living or dead, and includes any flowering or fruiting top, leaf, seed, stalk, or any other part of a cannabis plant and any mixture of parts of a cannabis plant or cannabis plants. This does not include cannabis resin, cannabis fibre or cannabis food products,
Dried cannabis is regarded as cannabis that has been subjected to a drying process under the Act.
What does ‘possess’ mean under this section?
In order to prove the cannabis was in your possession, the prosecution is bound to prove beyond reasonable doubt that:
To prove that the cannabis was in your custody, it must be proven that you had immediate physical possession of the drug. This includes if the cannabis is in your pocket, bag, or anywhere else on your person.
To prove that you had control of the cannabis, the prosecution has to prove you had the right to do something with it. This means that you are in the position to do whatever you wanted to do with the cannabis, such as take it, give it friends, deliver it to someone or even just be holding it for a friend with the intention to give it back to them. If the prosecution cannot prove who within a house or vehicle had exclusive possession or control of the drug then this element cannot be proven.
You must also have the knowledge that the cannabis is on your person and that it is cannabis. If a friend gives you their bag to hold and there is cannabis in there that you do not know about, then you do not have the requisite knowledge required to be guilty of the offence.
Under Section 169 of the Drugs of Dependence Act 1989 (ACT) it is an offence to possess a drug of dependence.
The maximum penalty for this offence is imprisonment for 6 months imprisonment.
To prove possession of a drug of dependence, the prosecutor must establish:
What is a ‘drug of dependence’?
A drug of dependence is defined in the Drugs of Dependence Act as “a substance prescribed by regulation as a drug of dependence”. Common examples of these substances include, but are not limited to, cocaine, methylamphetamine (meth/ice), methadone, morphine, oxycodone and remifentanil.
Are there any exceptions to possessing a drug of dependence?
Yes, instead of being prosecuted for the offence, police can issue a civil infringement notice or divert you to drug or other counselling or treatment if the amount possessed is less than the following amounts for the following types of drugs:
Also, if your possession of a drug of dependence is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008, or another territory law, then the possession is lawful. This means that if you have a licence or approval to possess a drug of dependence, you cannot be charged under this section.
What does it mean to ‘possess’ a drug of dependence?
In order to prove the substance was in your possession, the prosecution is bound to prove beyond reasonable doubt that:
To prove that the substance was in your custody, it must be proven that you had immediate physical possession of the drug. This includes if the drug is in your pocket, bag, or anywhere else on your person.
To prove that you had control of the drug, the prosecution has to prove you had the right to do something with it. This means that you are in the position to do whatever you want to do with the drug, such as take it, give it to friends, deliver it to someone or even just be holding it for a friend with the intention to give it back to them. If the prosecution cannot prove who within a house or vehicle had exclusive possession or control of the drug then this element cannot be proven.
You must also have the knowledge that the drug is on your person and that it is a drug of dependence. If a friend gives you their bag to hold and there are drugs in there that you do not know about, then you do not have the requisite knowledge required to be guilty of the offence.
How can I be defended for being in possession of a drug of dependence?
Some common ways your lawyer can help you be found not guilty of the offence of possession of a drug of dependence are by proving you do not meet one of the elements of possession, the substance is not a drug of dependence, or you were unaware that it was a drug of dependence, or that you are authorised to be in possession of the drug through the Medicines, Poisons and Therapeutic Goods Act 2008 or another territory law.
Under Section 171 of the Drugs of Dependence Act 1989 (ACT) it is an offence to possess a prohibited substance.
The maximum penalty for this offence is imprisonment for 6 months.
What is a ‘prohibited substance’?
A drug of dependence is defined in the Drugs of Dependence Act as “a substance prescribed by regulation as a prohibited substance”. Common examples of these substances include, but are not limited to, cocoa leaf, DMT, heroin or MDMA (ecstasy).
Are there any exceptions to possessing a prohibited substance?
Yes, instead of being prosecuted for the offence, police can issue a civil infringement notice or divert you to drug or other counselling or treatment if the amount possessed is less than the following amounts for the following types of drugs:
Also, if your possession of a prohibited substance is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008, or another territory law, then the possession is lawful. This means that if you have a licence or approval to possess the prohibited substance, you cannot be charged under this section.
What does it mean to ‘possess’ a prohibited substance?
In order to prove the substance was in your possession, the prosecution must prove beyond reasonable doubt that:
To prove that the substance was in your custody, it must be proven that you had immediate physical possession of the drug. This includes if the drug is in your pocket, bag, or anywhere else on your person.
To prove that you had control of the drug, the prosecution has to prove you had the right to do something with it. This means that you are in the position to do whatever you want to do with the drug, such as take it, give it to friends, deliver it to someone or even just be holding it for a friend with the intention to give it back to them. If the prosecution cannot prove who within a house or vehicle had exclusive possession or control of the drug then this element cannot be proven.
You must also have the knowledge that the drug is on your person and that it is a drug of dependence. If a friend gives you their bag to hold and there are drugs in there that you do not know about, then you do not have the requisite knowledge required to be guilty of the offence.
How can I be defended for being in possession of a prohibited substance?
Some common ways your lawyer can help you be found not guilty of the offence of possession of a prohibited substance are by proving you do not meet one of the elements of possession, the substance is not a prohibited substance, you were unaware that it was a prohibited substance, or that you are authorised to be in possession of the substance through the Medicines, Poisons and Therapeutic Goods Act 2008 or another territory law.
Under section 164 of the Drugs of Dependence Act 1989 (ACT), it is an offence to:
The maximum penalty for this offence is 5 years imprisonment. The severity of potential penalties underscores the importance of securing the services of a skilled and knowledgeable lawyer to navigate the complexities of the legal process and ensure the best possible outcome for the accused.
To convict you of supplying drugs, the prosecutor must prove:
Are there any exceptions to selling or supplying a drug of dependence or a prohibited substance?
Yes, if you are selling or supplying a drug of dependence or a prohibited substance and you are authorised under the Medicines, Poisons and Therapeutic Goods Act 2008, or another territory law, then your actions are lawful. This means that if you have a license or approval to sell or supply the drug or prohibited substance, you cannot be charged under this section.
What is a ‘drug of dependence’?
A drug of dependence is defined in the Drugs of Dependence Act as “a substance prescribed by regulation as a drug of dependence”. Common examples of these substances include, but are not limited to, cocaine, methylamphetamine (meth/ice), methadone, morphine, oxycodone and remifentanil.
What is a ‘prohibited substance’?
A drug of dependence is defined in the Drugs of Dependence Act as “a substance prescribed by regulation as a prohibited substance”. Common examples of these substances include, but are not limited to, cocoa leaf, DMT, heroin or MDMA (ecstasy).
What does it mean to ‘sell or supply’ a drug of dependence or a prohibited substance?
‘Selling’, under the Drugs of Dependence Act, includes offering or exposing the drug or substance for sale. ‘Supplying’, under the Act, includes offering to supply, however does not include administer.
Under s171AAA of the Drugs of Dependence Act 1989, it is an offence to cultivate more than 4 cannabis plants at a premises.
The offence requires having more than 4 plants at a premises because having 4 or less cannabis plants in a single household is decriminalised, meaning you cannot be prosecuted and police can only impose a civil infringement or diversion for treatment or counselling.
Things to know:
To convict you of cultivating more than 4 cannabis plants, the prosecutor must prove the following elements beyond a reasonable doubt:
Your lawyer will analyse the prosecution’s evidence, identify weaknesses in their case, and develop a strategic defence.
What is the legal definition of cultivated?
The Drugs of Dependence Act relied on the definition in the Criminal Code 2002 for defining cultivated. In the Criminal Code, a person cultivates a plant if the person –
In the Criminal Code, cultivation is defined as including:
What is the legal definition of ‘cannabis’?
Under the Drugs of Dependence Act, cannabis is defined as a cannabis plant, whether living or dead, and includes any flowering or fruiting top, leaf, seed, stalk, or any other part of a cannabis plant and any mixture of parts of a cannabis plant or cannabis plants. This does not include cannabis resin, cannabis fibre or cannabis food products.
Dried cannabis is regarded as cannabis that has been subjected to a drying process under the Act. A cannabis plant means a plant of the Genus Cannabis.
What is the legal definition of ‘premises’?
The Drugs of Dependence Act relies on the definition of premises in the Medicines, Poisons and Therapeutic Goods Act 2008. This definition includes land, a structure, or a vehicle and any part of an area of land, a structure, or a vehicle.
Are there any related or similar charges to this offence?
Yes, there are two other offences relating to the cultivation of cannabis. Under s 171AAB of the Drugs of Dependence Act it is an offence to cultivate a cannabis plant at a place other than where you live. It is also an offence if a person cultivates a cannabis plant and does so in an area lawfully accessible to a member of the public. Both of these offences are punishable by a $13, 750 fine, imprisonment for two years, and sometimes both.
Q: Are there any defences available to me?
A: Yes. A defence is available to you if you can prove that you:
Engaging a specialist criminal defence lawyer and strategy early when facing a charge related to trafficking in a controlled drug is crucial for several reasons. First and foremost, understanding the severity of the offence and potential penalties is essential.
| Offence | Maximum Penalty |
| Trafficking in a large commercial quantity of a controlled drug | Imprisonment for life |
| Trafficking in a commercial quantity of a controlled drug | $687 500 fine, 25 years imprisonment or both |
| Trafficking in a trafficable quantity of cannabis | $275 000 fine, 10 years imprisonment or both |
| Trafficking in a controlled drug other than cannabis | $275 000 fine, 10 years imprisonment or both |
| Trafficking in cannabis | $82 500 fine, 3 years imprisonment or both |
To convict you of trafficking in a controlled drug, the prosecutor must prove the following elements beyond a reasonable doubt:
What is the legal definition of ‘cannabis’ under the act?
Under this act, Cannabis is defined as a:
A cannabis plant is a plant of the genus Cannabis.
What is a ‘commercial quantity’?
A commercial quantity, under the Criminal Code, means:
What is a ‘large commercial quantity’?
A large commercial quantity, under the Criminal Code, means:
What is a ‘trafficable quantity’?
A trafficable quantity, under the Criminal Code, means:
What does it mean to ‘traffic’ a drug?
A: Trafficking is defined in the Criminal Code as when a person:
In relation to the definition of trafficking, the definition of transport provided by the act is to deliver.
The definition of conceal includes concealing or disguising the nature, source or location of the thing, any movement of the thing, someone’s rights in relation to the thing, or the identity of any owner of the thing.
The definition of possession includes receiving or obtaining possession of the thing, having control over its disposition (whether or not having custody of the thing), or having joint possession of the thing. Preparing a drug for supply includes packing the drug or separating the drug into discrete units.
The definition of sell includes barter or exchange, given to someone in the belief that the person will provide property or services in return at a later time, whether by agreement or otherwise and agree to sell.
The definition of supply includes supply by way of sale or otherwise and agree to supply.
Q: What happens when the controlled drug is a mixture of substances?
Under the Criminal Code the prosecutors are permitted to calculate the amount in relation to the quantity of the drug in the mixture, or the quantity of the mixture as a whole. If the prosecution elects to establish the quantity of the drug in the mixture, then they will work out the relevant category by reference to the quantity (if any) prescribed by regulation for the pure form of the drug. If the prosecution elects to establish the quantity of the mixture instead of the quantity of the drug in the mixture, the relevant quantity of the mixture worked out by reference to the quantity (if any) prescribed by regulation for a mixture containing the drug.
Your lawyer will work to achieve the best possible outcome for you through negotiation, evidence presentation, or courtroom challenges.
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At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
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