Western Australian Current Acts Western Australian Current Acts (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, the Medicines and Poisons Act
2014 or the Voluntary Assisted Dying Act 2019 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, the
Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 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, the Medicines and Poisons Act 2014 or the
Voluntary Assisted Dying Act 2019 .
(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, the Medicines and Poisons Act 2014 or the
Voluntary Assisted Dying Act 2019 .
[Section 6 inserted: No. 13 of 2014 s. 171;
amended: No. 27 of 2019 s. 183.]