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CRIMINAL LAW

Drug Offences WA

Drug Offences, drug laws in WA

The constantly evolving anti-narcotics laws are classified by the Misuse of Drugs Act 1981.

These laws are generally split into possession and administration offences, manufacture of controlled precursors, trafficking of controlled substances, sale and cultivation of controlled plants and general drug offenses.

The penalties for these offences are dependent upon aspects such as the type of controlled substance, the quantity, or whether or not the offence is a repeat offence. Where a considerable amount of controlled substances is found, a charge of trafficking or distribution may be used if the intention to distribute or traffic the controlled substances could be inferred.

Similarly, a manufacture of controlled substance charge can vary, depending upon quantity and type, and again, there must be an indication that the possessor intended to distribute the manufactured substances to the public. Growing of controlled substances may carry the charge of cultivation and sale of controlled substances.

The following charges refer to these categories of prohibited drugs:

  1. Cocaine, ecgonine, heroin, morphine and their respective salts.
  2. Opium.
  3. Any preparation, admixture, extract, or other substance containing not less than —
  4. 0.2% of morphine, the percentage of morphine being for the purpose of this item calculated as in respect of anhydrous morphine; or
  5. (b) 0.1% of cocaine or ecgonine.
  6. Any derivative of cocaine.
  7. Cannabis or cannabis resin or any other cannabis derivative. 

Penalties vary depending on the offence:

  • Possession offences: a maximum $2000 fine and/or 2 years in prison
  • Supply offences: a maximum $100,000 fine and/or 25 years in prison

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