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Home Blog Drug Offences in Tasmania

Drug Offences in Tasmania

The Drug following Act (legislation) in Tasmania covers all the offences, details and punishments for the misuse of drugs and other prohibited substances within the States and its Territories.

These Laws are detailed in the;


These Acts stipulates the prohibited drugs as;


The Acts also stipulate the actions, interest or level of involvement that constitutes a Drug offence.

A drug offence will in most circumstances appear on a national criminal history check in Tasmania. The offence is disclosed in accordance with the Spent Convictions Scheme of Tasmania.

Penalties for Drug Offences in Tasmania

The Act stipulates the maximum penalties for any of the offences committed under the Act. The Court will then impose the correct penalties as appropriate depending on them;

Can the Police give caution for drug offences?

A person found "in possession" of fewer than 50 grams of cannabis may avoid a criminal charge. In such cases, the Police will impose a caution for such offence, and may also impose fines that can be settled immediately.

However, a person cannot get more than 3 cautions on drug-related issues within 10 years. If this happens, the offender will be charged to court and receive a criminal conviction.

Manufacturing and Cultivating Drugs

It is an offence under the Misuse of Drugs Act to;

Furthermore, manufacturing a drug includes;


Penalties the court imposes in Tasmania

If you are found guilty of possessing, selling or manufacturing any of the precursors used for making illegal drugs is an imprisonment term up to 21 years.

Cultivating controlled plants attracts penalties of;

The offence of Drug Possession

The offence of drug possession includes;


The Court can find you guilty of a Drug offence even when;


Penalties for Drug Possession

It is illegal to possess “prescription drugs” unless they are prescribed legally for you.

Possession, smoking, or use of a controlled plant or drug is also a serious offence.

Offences of this kind attract maximum penalties of;


It is an offence to; possess pipes or other utensils used in preparing, smoking, inhaling, administering, or taking illegal drugs. The various Acts prescribe the maximum penalty of $7,700 in fines.

The offence of Sale and Supply of Drugs

It is an offence under the Drug Misuse Act to;


The offence of supplying a drug in Tasmania includes;


The court can also find you guilty of “deemed supply” if the drugs you were caught with are over certain weights. The court presumes that they are for supply unless you can prove otherwise.

The particular quantity or weight of the drugs that the Law considers as “supply amounts” varies among drugs.

The maximum penalty for supply is;

Examples of prescribed quantities include:

Offence for Trafficking

The offence for trafficking a drug includes; Authorising, Permitting, Allowing or controlling the following;


The offence of trafficking can also extend to other actions like;

DUI Offences

The Tasmanian Criminal Code Act and Road and Traffic Act prohibit the possession or use of a drug or other prohibited substances while driving. DUI offences in Tasmania are punishable by law. If you are deemed Driving under the influence of a drug in Tasmania, you will receive a court summons, and likely get a conviction.

Do drug charges in Tasmania show up on a criminal record check?

The short answer is yes. If there is a drug conviction from a court in Tasmania, the offence will show up on an individual’s criminal record.

The offence will be listed as a disclosable court outcome on the police check result.

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

Wrapping Up

The Magistrate Court may handle lesser cases concerning Drug offences, especially for first offenders. However, the prosecutor may choose to proceed to a District or Supreme Court to hear the case.

Depending on the severity of the crime or the amount of the drugs; the court can grant;

When issuing convictions/punishments, the perceived harm of the drugs is less relevant as compared to the quantity or the type of drug offence charge.

Sources

Poisons Act 1971 - http://www5.austlii.edu.au/au/legis/tas/consol_act/pa1971121/

Criminal Code Act 1924 - https://www.legislation.tas.gov.au/view/html/inforce/current/act-1924-069

Misuse of Drugs Act 2001 - https://www.legislation.tas.gov.au/view/html/inforce/current/act-2001-094

Road Safety (Alcohol and Drugs) Act 1970 - https://www.legislation.tas.gov.au/view/html/inforce/current/act-1970-077

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