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Home Blog Drug Offences in Western Australia (WA)

Drug Offences in Western Australia (WA)

The legislation against drug offences is very fierce and fairly straight-forward. If the court finds you guilty of these offences, especially where you don't have a prescription, the law prescribes very severe punishments.

The Drug Offences in WA are governed by the Misuse of Drugs Act 1981. The legislation states that it is illegal to possess, manufacture, cultivate or supply illicit drugs, or passively partake in such activities.

The Law on Drug Offences under the Act has different components.

The penalties the court imposes depends on a lot of factors like;

If convicted in court, a drug offence will appear on an individual's criminal record check result. A drug offence in WA is disclosed in accordance with the rules of the Spent Convictions Scheme in WA.

  1. The offence of Drug Use

It is an offence under the Misuse of Drugs Act 1981 to;

It does not matter if the acts are between two or more consenting adults, as far as it was done outside a medical prescription, or the drug used was illicit.

However, the Police (prosecutor) must prove to the court that the accused used the drugs. The prosecutor can do this by asking a doctor to conduct a blood test if they arrest the accused.

You can also be guilty of a Drug Use offence if you allow people to use the drugs in your place or are caught at a place where the drug is used. It does not matter whether you used these drugs or not.

Penalties for Drug Use offences

The Court can issue penalties up to;

Using a prescribed and illicit drug wrongly also incurs a $5000 fine

If you are found in a prohibited drug area, or near the plants, you may receive fines of;

  1. Offences of Drug Equipment or elements

Advertising, selling or "being in possession" of drug paraphernalia are serious offences under the Act.

Some of this equipment includes;

Penalties for Drug Equipment offences

Displaying, allowing or authorising the display of, drug paraphernalia for sale in a retail outlet carries a maximum penalty of a fine of $10,000.

However, if this offence involved a child in any way, the penalties increase to;

Possessing drug paraphernalia with a prohibited drug or a prohibited plant in or on it carries maximum penalties of;

  1. Offences involving Drug Possession

There are various ways you can be convicted of Drug Possession under the Act in addition to carrying illicit drugs. Some of the actions constituting Drug Possession are;

Joint possession

It is also illegal to possess prescription drugs that you don’t have a doctor’s prescription for

The maximum penalty for drug possession offences is;

a fine of $2,000 and/or,

2 years in prison.

  1. Drug Manufacture and Cultivation

It is an offence to cultivate (grow), manufacture (produce) or prepare illegal drugs whether directly or passively. You will also be guilty of the offence if;

The maximum penalty for growing or making drugs to sell is fines of;

The maximum penalty for conspiring to grow or make drugs is;

  1. The offence of Supply and Trafficking

The Act prohibits all forms of transaction, exchange, supply or sale of prohibited drugs. It is even a serious offence to possess drugs in large quantities; you can be charged with a “deemed supply”.

The offence of drug supply includes;

The offender can be declared a drug trafficker if they are convicted of two or more serious drug offences. Their properties are immediately seized and permanently taken away by the Police, including those given to other people.

If you possess plastic bags, scales or other drug-packaging items, they can be used as evidence of supply.

The penalties for drug supply and trafficking includes maximum penalties of;

For other drugs or substances, the maximum penalty is;

  1. Aggravating Offences

The Act also specifies certain aggravating circumstances that can amplify the Drug offence charge against you.

  1. Supply to children or people under 18 years

The court issues severe punishments for those who perform any of these offences around or to children.

The penalty for selling, supplying a prohibited drug to a child, or attempting to do is a minimum of 6 months imprisonment.

  1. DUI (Driving under the Influence) offences in WA

If the Police suspect you driving under the influence or carrying some quantity in your car, you will be summoned to court under the Road Traffic Act 1974 (WA).

A person found guilty of a DUI offence in WA will receive a penalty of large fines or an imprisonment term. Depending on the offence, they may also have their license seized, car impounded and get a conviction record.

Will a drug charge in WA show up on my national police record check result?

If there is a drug conviction from the court in WA, the offence will show up on an individual’s national police check in WA.

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

The offence is released in accordance with the spent convictions scheme in WA.

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


Misuse of Drugs Act 1981 -

Road Traffic Act 1974 -

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