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Drug Premises 

Any use of a premise for possession, supply, manufacture, or cultivation of prohibited drugs or plants are offences under part 2B of the Drug Misuse and Trafficking Act 1985 (NSW).

 A Premise Includes:

  • Any structure, building, aircraft, vehicle, vessel, or place (whether built upon or not), and/or;

  • Any part of any such structure, building, aircraft, vehicle, vessel, or place.

Prohibited Drugs Not Included in this Offence:

  • Cannabis leaf

  • Cannabis oil

  • Cannabis resin

What Must the Prosecution Prove?

The Prosecution must prove these elements beyond a reasonable doubt:

  • The premise was being used for the unlawful supply or manufacture of any prohibited drug and/or the unlawful commercial cultivation by enhanced indoor means of any prohibited plant

  • You were found on, entering, or leaving the premise or

  • You are the owner or occupier of the premise and knowingly allowed the premise to be used in such a way or

  • You organised, operated, or assisted in the organising or operation of the drug premise.

  • The prosecution does not need to prove that you had a prohibited drug or plant in your possession or that a prohibited plant or drug was found on any premises involved in the offence.

Maximum Penalties

The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:

  • Fine

  • Dismissal Without Conviction

  • Conditional Release Order (CRO)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Conviction Without Penalty

  • Deferral for Rehabilitation

  • Imprisonment

Drug Premises: Practices
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Drug Premises: Image

Defences

Some possible defences available to these charges can include:


  • You had a lawful purpose for being on the property or a lawful excuse

  • You did not know and should not have reasonably been expected to know, that the premise was being used as a drug premise

  • You were coerced or threatened to act a certain way under the circumstances (Duress)

  • Your actions were necessary to prevent serious injury (Necessity)

Drug Premises: Practices
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