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Home Blog Drug Offences in the Northern Territory (NT)

Drug Offences in the Northern Territory (NT)

Drug offences cover wide acts concerning the handling, use, movement or control of drugs within the NT. Depending on the type/severity of the offence, the person found guilty may be subjected to large terms of imprisonment with heavy fines. The court may also impose other penalties with their discretion per the laws of NT.

The Misuse of Drugs Act (1990) governs the offences and other legal details and cases regarding drug offences. It was amended by the Justice Legislation Amendment (Drug Offences) Act 2016.

What are the actions that constitute a Drug Offence?

The law makes it an offence for a legal adult to participate in any activity or purpose relating to drugs. These include;

  1. Administering to another (even an adult)
  2. Supplying the Drugs
  3. Cultivating the plant
  4. Manufacture and Production
  5. Trafficking and commercialization of the drugs
  6. Involving a child or minor in any of these above activities
  7. Other offences that resulted from any of the above (DUI, manslaughter, murder, assault, and so on.)

The prohibited drugs can even be a drug of dependence or prescribed drugs (if used indiscriminately). Some examples include drugs that incur high penalties like;

Other prohibited Drugs are;

Penalties for Drug Possession offence

Possession not only means carrying the drugs or taking them about. Under the Act, you are also in possession of a drug if;

Usually, the prosecutor (Police) must prove that the accused was in “possession” of the drugs. However, you will not be found guilty of drug possession if you can prove to the court that;

If the Police find you in possession of both legal and illegal drugs; the entire quantity is calculated as if they are all illegal drugs.


Penalties for Drug Possession

Depending on the quantity the offender is found with;

If you are found with a commercial quantity, the court can issue fines between 14 and 25 years imprisonment.

If you are found with a trafficable quantity of the drug, the court will issue penalties up to'

And if the offence was in a public place,


For less than trafficable amounts of the prohibited drugs; the court will issue penalties up to;

And if the offence was committed in a public space;

The offence of Drug Administration

It is an offence under the Act to digest or administer an illegal drug through any of these;

It is also an offence to possess any of the equipment used to administer the drugs such as; bongs, crack-pipes and other implements used.

It is an offence even when it was an adult that consented to you administering the drugs to them.

If you are convicted of one of these offences, you could face a maximum fine of

Offence of Cultivating

Under the Act and subsequent legislation, you are prohibited from owning a garden or other place to grow illegal plants. Some of these plants include opium poppies or marijuana. However, you will also be guilty if you are involved in;

The penalties the court imposes depends on the number of prohibited plants cultivated.

The court will issue a life sentencing if commercial cultivation of the plant is in the presence of a child(ren). However, the penalty is reduced to 10 years imprisonment if the cultivation was a trafficable quantity

Manufacture and Production

Manufacturing a drug includes being involved, controlling or financing the production or extraction of a drug. A person is also guilty under the Act if they are involved in any way in the distribution, packaging or other supply chains of the drugs manufactured.


Penalties for Drug Manufacture and Production

As updated on 8 June 2016, the maximum penalties for manufacturing drugs in the NT are;

It is illegal to produce, possess, manage or supply the precursors to anyone, especially where you know it is used to produce illegal drugs


Precursors for a drug include;

Maximum penalties for precursor offences under the amended Act is imprisonment term between 7 and 10 years.

Offences of Supply and Trafficking

It is an offence to be actively or passively involved in any of the following with a prohibited drug;

Trafficking can also be inferred if you were caught with large quantities (deemed supply). And the offender gets the same punishments as they trafficked it.

Supply and Trafficking offences can be assumed even when no transaction, exchange or supply takes place.

The maximum penalties for supply depend upon the quantity and type of the drug. The penalties range from;

For cases involving children, the Penalty is as high as

Will a drug offence in the NT show up on my national criminal history check result?

If there was a conviction from the court, the offence will show up on an individual’s national police check NT as a disclosable court outcome.

The offence is released in accordance with NT’s spent convictions legislation.

You can obtain your criminal record check online from the Australian National Character Check (ANCC) website.

Wrapping Up

It is also against the law to supply a volatile or harmful substance to a person if you know they intend to sniff it.

A volatile substance includes the following:

Sources

Misuse of Drugs Act (1990) - http://classic.austlii.edu.au/au/legis/nt/consol_act/moda1990184/

Justice Legislation Amendment (Drug Offences) Act 2016 - http://classic.austlii.edu.au/au/legis/nt/num_act/jlaoa201617o2016450/

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