Drug offences can involve the possession, use, sale of or manufacture of controlled drugs and plants. Most offences are regulated by the Misuse of Drugs Act, although some are contained in other Tasmanian and Commonwealth legislation.
The Misuse of Drugs Act 2001 lists drugs and plants that are controlled. It is an offence to possess or use a controlled drug or plant. It is also an offence to sell them, cultivate or manufacture them. Some examples of common controlled drugs and plants are:
Some common offences and crimes that people are charged with under the Misuse of Drugs Act include:
Some examples of drug crimes that are charged under the Commonwealth Criminal Code include:
Serious examples of drug offences are dealt with in the Supreme Court and can attract lengthy terms of imprisonment. Trafficking and importing drugs will often result in terms of actual imprisonment depending on the sophistication, length, and size of the commercial operation. On the other end of the scale, possessing small quantities of drugs for personal use tends to result in much more lenient sentences, although much depends on the person's criminal history and circumstances.
Having representation for a drugs charge can be useful even where the penalties are unlikely to involve imprisonment. A lawyer can often present your case in a way that maximises your chance of avoiding conviction. Convictions for drugs charges can affect your ability to travel or apply for jobs in some industries.
I can provide you with advice about your charge and the potential defences that might apply in your situation. I can appear for you at each court appearance including at the hearing or trial of the case if you plead not guilty. Because I am both a barrister and solicitor, I can handle the case for you from start to finish. If you would like to discuss a drugs case with me please get in touch to discuss it and my costs. My first appointment is free of charge.
Legal Aid is often available for people who are charged with drug crimes, particularly if the case is going to be heard in the Supreme Court. I take on Legal Aid cases and can apply for aid and represent you from start to finish. Read more about Legal Aid funding here.
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