Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), a person who —
(a) with
intent to sell or supply it to another, has in his possession;
(b)
manufactures or prepares; or
(c)
sells or supplies, or offers to sell or supply, to another,
a prohibited drug
commits a crime, except when he is authorised by or under this Act or by or
under the Poisons Act 1964 to do so and does so in accordance with that
authority.
(2) Subject to
subsection (3) and to section 36A of the Poisons Act 1964 , a
person who has in his possession or uses a prohibited drug commits a simple
offence, except when, in the case of a person who has the prohibited drug in
his possession —
(a) he
is authorised by or under this Act or by or under the Poisons Act 1964 or
the Industrial Hemp Act 2004 to do so and does so in accordance with that
authority; or
(b) the
prohibited drug was sold or supplied, or requested to be sold or supplied, to
him —
(i)
by a medical practitioner, nurse practitioner or
veterinary surgeon in the lawful practice of his profession; or
(ii)
on and in accordance with an authorised prescription.
(3) A person does not
commit a crime under subsection (1) or a simple offence under
subsection (2) by reason only of his having in his possession or
manufacturing or preparing a prohibited drug if he proves that he had
possession of or manufactured or prepared the prohibited drug only for the
purpose of —
(a)
delivering it to a person authorised —
(i)
to have possession of the prohibited drug by or under
this Act, by or under the Poisons Act 1964 or on and in accordance with
an authorised prescription; or
(ii)
by or under this Act or by or under the
Poisons Act 1964 to manufacture, prepare, sell or supply the prohibited
drug,
and had possession
thereof (except in the case of intended delivery to a person authorised to
have possession of the prohibited drug on and in accordance with an authorised
prescription) in accordance with the authority in writing of the person so
authorised, and that, after taking possession of the prohibited drug, he took
all such steps as were reasonably open to him to deliver the prohibited drug
into the possession of that person; or
(b)
analysing, examining or otherwise dealing with it for the purposes of this Act
in his capacity as an analyst, botanist or other expert.
[Section 6 amended by No. 12 of 1994
s. 11; No. 9 of 2003 s. 29; No. 1 of 2004 s. 52;
No. 4 of 2004 s. 58.]