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DRUGS MISUSE ACT 1986 - SECT 10
Possessing things
10 Possessing things
(1) A person who has in his or her possession anything— (a) for use in
connection with the commission of a crime defined in this part; or
(b) that
the person has used in connection with such a purpose;
is guilty of a crime.
Penalty— Maximum penalty—15 years imprisonment.
(2) A person who
unlawfully has in his or her possession anything (not being a hypodermic
syringe or needle)— (a) for use in connection with the administration,
consumption or smoking of a dangerous drug; or
(b) that the person has used
in connection with such a purpose;
commits an offence against this Act.
Penalty— Maximum penalty—2 years imprisonment.
(3) A person (other
than a medical practitioner, pharmacist or person or member of a class of
persons authorised so to do by the Minister administering the
Medicines and Poisons Act 2019 ) who supplies a hypodermic syringe or needle
to another, whether or not such other person is in Queensland, for use in
connection with the administration of a dangerous drug commits an offence
against this Act. Penalty— Maximum penalty—2 years imprisonment.
(4) A person who has in his or her possession a thing being a hypodermic
syringe or needle who fails to use all reasonable care and take all reasonable
precautions in respect of such thing so as to avoid danger to the life, safety
or health of another commits an offence against this Act. Penalty—
Maximum penalty—2 years imprisonment.
(4AA) For subsection (4) , it is
immaterial whether the hypodermic syringe or needle was for use, or had been
used, in connection with the administration of a dangerous drug.
(4A) A
person who has in his or her possession a hypodermic syringe or needle that
has been used in connection with the administration of a dangerous drug who
fails to dispose of such hypodermic syringe or needle in accordance with the
procedures prescribed by regulation commits an offence against this Act.
Penalty— Maximum penalty—2 years imprisonment.
(6) For subsection
(1) , the dangerous drug to which the commission of a crime relates is the
dangerous drug directly or indirectly involved and in relation to which proof
is required to establish the commission of the crime. Example— Suppose a
person is guilty of a crime against this section because he or she has in his
or her possession equipment for use in connection with the commission of a
crime defined in section 8 of unlawfully producing a dangerous drug. That
dangerous drug is the dangerous drug referred to in the penalty for subsection
(1) .
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