Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 124

124 Defence of supply of lawfully prescribed drug in a small quantity

(1) A person is not criminally responsible for an offence defined in section 6 if the dangerous drug is one specified in the Drugs Misuse Regulation 1987 , schedule 5 and if the person proves that—

(a) it was prescribed for the person by a medical practitioner for a condition with which the person was suffering at the time it was prescribed; and

(b) it was given by the person to a person whom the person reasonably believed to be suffering from the same or a similar condition; and

(c) the quantity given was no greater than a single dosage prescribed for the person; and

(d) it was immediately consumed in the person’s presence by the person to whom it was given.

(1A) However, subsection (1) does not apply if—

(a) the person is charged with an offence mentioned in subsection (1) (the
"current charge" ); and

(b) the person relied on the defence mentioned in subsection (1) in relation to a previous charge of an offence mentioned in subsection (1) (the
"previous charge" ); and

(c) the prosecution proves that—

(i) the drug given under the current charge was the same as the drug given under the previous charge; and

(ii) the person to whom the drug was given under the current charge was the same person to whom the drug was given under the previous charge.

(2) A person is not criminally responsible for an offence defined in section 9 if the dangerous drug is one specified in the Drugs Misuse Regulation 1987 , schedule 5 and if the person proves that—

(a) it was given to the person by a person to whom the person reasonably believed it had been prescribed by a medical practitioner for the same or a similar condition with which the person was suffering at the time it was given to the person; and

(b) the quantity received by the person was no greater than a single dosage prescribed for that person; and

(c) it was immediately consumed by the person in that person’s presence.

(2A) However, subsection (2) does not apply if—

(a) the person is charged with an offence mentioned in subsection (2) (the
"current charge" ); and

(b) the person relied on the defence mentioned in subsection (2) in relation to a previous charge of an offence mentioned in subsection (2) (the
"previous charge" ); and

(c) the prosecution proves that—

(i) the drug given under the current charge was the same as the drug given under the previous charge; and

(ii) the person who gave the drug under the current charge is the same person who gave the drug under the previous charge.

(3) For subsections (1A) and (2A) , it does not matter whether the alleged offence relating to the current charge happened before or after the alleged offence relating to the previous charge.