In Western Australia, drug possession charges don’t just apply to substances themselves. In fact, you can be charged for possessing items that are associated with drug use. These are known as drug paraphernalia.
Such charges are often misunderstood and underestimated, despite carrying legal consequences similar to the possession of actual illicit substances.
In this article, we’ll explain what counts as drug paraphernalia, the laws that apply and what to do if you’re facing a paraphernalia-related charge.
What is Drug Paraphernalia?
Under the Misuse of Drugs Act 1981, drug paraphernalia refers to any item used, or modified to be used, in connection with the consumption, preparation, storage or administration of a prohibited drug.
Examples of drug paraphernalia may include:
Bongs or pipes
Ice pipes or “vapes” used for methamphetamine
Scales used to measure quantities
Syringes or other injecting equipment (not including those legally obtained for medical use)
Grinders or cutting equipment
Clip seal bags or other packaging commonly associated with drug distribution
What Does the Law Say?
Section 7B of the Misuse of Drugs Act 1981 makes it an offence to possess drug paraphernalia in certain contexts.
The two key elements for the prosecution are:
The accused’s possession of an item that is considered drug paraphernalia; and
A reasonable belief that the item is used in connection with a prohibited drug.
Crucially, possession of drug paraphernalia can lead to a criminal charge even if no prohibited substances are found at the same time. The accused does not have to be caught with weed, MDMA (pills) or any other drugs to be charged – although their presence may strengthen the prosecution’s case
Actual vs Constructive Possession
There are two types of possession that relate to drug paraphernalia
Actual: The item is physically on the accused’s person
Constructive: The item is in a place the accused controls, such as their home or vehicle
To ensure that you understand your charges and the type of possession you have been accused of, it is important to engage a criminal drug lawyer as soon as you face any allegation.
What are the Penalties for Possession of Drug Paraphernalia?
Depending on the severity of the offence and other circumstances, penalties for possessing drug paraphernalia can vary. A standard charge carries:
A fine of up to $36,000
Imprisonment for up to 3 years in more serious cases
Penalties can be harsher if:
The item is modified or adapted (such as a plastic bottle turned into a bong)
The possession occurred in an aggravated setting (e.g. near children or schools)
How Can a Drug Offence Lawyer Help?
At Chambers Legal, our team will help you understand your charges, identify available defences and negotiate with the prosecution where appropriate.
If it’s your first offence, our lawyers can also help you apply for a Spent Conviction Order. In most cases, this prevents the conviction from appearing on your National Police Certificate.
We understand how stressful a drug charge can be, even if it’s “low-level”. Chambers Legal staff will work to protect your rights and support you through every step of the process.
What Defences Are Available?
A number of defences may be available for drug paraphernalia possession, depending on the specific facts of the case. These include:
Lack of knowledge: If the accused didn’t know the item was drug paraphernalia, or didn’t know it was in their possession.
No drug-related use: If the item has a legitimate, non-drug-related purpose
Unlawful search or seizure: If police breached the accused’s rights when conducting a search, evidence may be excluded.
Medical necessity or legal supply: In some circumstances, paraphernalia like syringes may be lawfully possessed for health reasons.
With a team of experienced, Perth-based drug offence lawyers, Chambers Legal can assess which defences apply to your situation and represent you in court to secure the best possible outcome.
If You Need a Lawyer for a Drug Possession Charge, Contact Chambers Legal Today
It is crucial to seek legal advice if you’ve been charged with drug paraphernalia possession or any other offence.
At Chambers Legal, we pride ourselves on working with transparency and integrity. You will always receive proper cost notice and all legal advice will be provided in writing.
If you would like to speak with a Perth-based drug lawyer about an allegation and possible defences, you can contact us on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15-minute consultation.