Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 6

6 .         Offences concerned with prohibited drugs generally

        (1)         A person commits a crime if the person — 

            (a)         with intent to sell or supply it to another, has in his or her possession a prohibited drug; or

            (b)         manufactures or prepares a prohibited drug; or

            (c)         sells or supplies, or offers to sell or supply, a prohibited drug to another person.

        (2)         A person who has in his or her possession or uses a prohibited drug commits a simple offence.

        (3)         A person does not commit a crime under subsection (1) or a simple offence under subsection (2) by reason only of the person having in his or her possession a prohibited drug if the person proves that —

            (a)         he or she was authorised by or under this Act or the Medicines and Poisons Act 2014 to have possession of the drug; or

            (b)         he or she had possession of the drug only for the purpose of delivering it to a person authorised to possess the drug under this Act or the Medicines and Poisons Act 2014 and he or she took all reasonable steps to deliver the drug to the person; or

            (c)         he or she had possession of the drug for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert.

        (4)         A person does not commit a crime under subsection (1) by reason only that the person manufactures, prepares, sells or supplies a prohibited drug if the person proves that he or she was authorised to manufacture, prepare, sell or supply the drug under this Act or the Medicines and Poisons Act 2014 .

        (5)         A person does not commit a simple offence under subsection (2) by reason only of using a prohibited drug if the person proves that he or she was a person authorised under this Act or the Medicines and Poisons Act 2014 .

        [Section 6 inserted by No. 13 of 2014 s. 171.]



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