Whilst Western Australian law recognises the essential role of prescription medication in a person’s health and wellbeing, it also imposes strict conditions around their possession.
If you are found in possession of such substances without a valid prescription, you may be committing a criminal offence under the Misuse of Drugs Act 1981 (WA). These can be complex matters and if you have an allegation against you, it is critical to contact a Perth-based drug lawyer.
This article explores when prescription drug possession becomes illegal in WA, the penalties involved and what to do if you are charged. For more information, you can contact Chambers Legal on (08) 9500 8915 or at [email protected].
When is Possession of Prescription Drugs Illegal?
If you have a prescription medication in your possession, that possession is illegal if you:
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Do not have a valid prescription issued by a medical practitioner
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Have obtained the drug through unlawful means (e.g. purchasing from someone else)
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Are holding the medication for another person without authorisation
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Are in possession of more than a reasonable personal quantity, suggesting potential intent to sell or supply.
Importantly, even if the medication was originally prescribed to you, you must carry it and store it in a way that clearly connects it to a valid prescription, such as in labelled packaging from a pharmacy.
Commonly Misused Prescription Medications
At Chambers Legal, we find these prescription substances to be most commonly associated with possession charges:
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Benzodiazepines (e.g. Valium, Xanax): Prescribed for anxiety and sleep disorders, but often misused for their sedative effects.
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Opioids (e.g. Oxycodone, Morphine): Strong painkillers that are tightly regulated.
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Stimulants (e.g. Dexamphetamine, Ritalin): Often prescribed for ADHD but may be misused for performance enhancement or recreational purposes.
Conditions for possession and supply are set out in the Poisons Act 1964. The drugs above are often listed in Schedule 4 or 8 and their misuse is viewed seriously by the courts.
What Are The Penalties For Prescription Drug Possession?
Depending on the type of drug, quantity and other surrounding circumstances, penalties for a prescription drug offence can vary.
In Western Australia:
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Simple possession (for personal use) can result in a fine of up to $2,000 or imprisonment for up to two years.
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Possession with intent to sell or supply carries far more serious consequences, with up to 25 years imprisonment and/or significant fines.
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Aggravating circumstances such as possession near a school, involving minors or repeat offending may increase consequences.
How Are These Offences Prosecuted?
To secure a conviction for unlawful possession of prescription drugs, the prosecution must prove:
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You were in possession of the drug, whether it be either actual possession (physically on you) or constructive possession (in your car, home, or property under your control)
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You did not have a valid prescription
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You had knowledge or control over the substance.
Because of these multiple legal elements, possession charges can often be complex. It is important to contact a Perth-based drug offence lawyer as soon as possible to understand the allegations against you and ensure your rights are protected.
What Should You Do If You Are Charged With A Drug Offence?
If you have been caught with prescription pills and charged with a possession offence, do not assume that conviction is inevitable. It is important to:
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Seek legal advice before speaking to police
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Understand how a legal defence may apply
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Gather any evidence of a valid prescription
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Clarify whether the drug belonged to another person.
If you contact a lawyer as soon as possible you increase your chances of charge being dropped, downgraded or addressed via diversion programs. This is especially true if you have no prior record.
How Can a Perth-Based Drug Lawyer Help?
A criminal lawyer for drug possession can help you:
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Review the circumstances of the alleged offence
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Explain the likely penalties and your options
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Identify legal defences or procedural issues
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Represent you in court to seek the best possible outcome
At Chambers Legal, we recognise that you need holistic support. Facing a drug charge is a confronting experience for anyone, so we work with transparency and integrity to give you confidence that we’re fighting for your best interests.
All of our legal advice is provided in writing and you will always receive proper cost notice.
Contact Chambers Legal And Speak With A Criminal Defence Lawyer
If your documentation is not valid and up to date, you can be charged with a drug offence for possessing prescription medication. These charges are more common than most people realise and can have lasting impacts on employment, travel and other endeavours.
If you’ve been accused of unlawful possession of prescription medication, it is important that you don’t face it alone. The Chambers Legal team is ready and willing to support your case and fight for a fair result.
For expert advice tailored to your situation you can contact us on (08) 9500 8915 or email [email protected]..
If you would prefer, you can book a free, 15-minute phone consultation online.