171Possessing prohibited substances

171 Possessing prohibited substances (a) the person possesses a prohibited substance; and (b) the quantity of the substance is not more than a small quantity for the substance. (a) the person possesses a prohibited substance; and (b) either— (i) the quantity of the substance is more than a small quantity for the substance; or (ii) no small quantity is prescribed for the substance. (3) This section does not apply if the person is authorised under the territory law, to possess the prohibited substance. (4) In this section: prohibited substance does not include cannabis. 171AA Possessing cannabis (1) A person commits an offence if the person possesses not more than a small quantity of cannabis. (2) A person commits an offence if the person possesses more than a small quantity of cannabis. (3) Subsection (1) does not apply if the person— (a) is 18 years old or older; and (b) possesses the cannabis in the ACT. (4) Subsections (1) and (2) do not apply if the person is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008, or another territory law, to possess the cannabis. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58). 171AAA Cultivation of more than 4 cannabis plants at premises (a) the person cultivates a cannabis plant at premises; and (b) more than 4 cannabis plants are being cultivated at the premises. (2) Strict liability applies to subsection (1) (b). (3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant— (a) lived at the premises when cultivating the cannabis; and (b) was not aware, and could not reasonably have been expected to be aware, that more than 4 cannabis plants were being cultivated at the premises. s (3) (see Criminal Code, s 59). 171AAB Cannabis plant cultivation—other offences (a) the person cultivates a cannabis plant; and (b) the cannabis plant is cultivated at a place other than where the person lives. (a) the person cultivates a cannabis plant; and (b) the cannabis plant is cultivated in an area lawfully accessible to a member of the public. 171AAC Storage of cannabis (1) A person commits an offence if the person— (a) possesses harvested cannabis; and (b) does not store the cannabis out of reach of children. (2) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to ensure that a child could not access the cannabis. s (2) (see Criminal Code, s 59). 171AAD Possessing multiple small quantities of different kinds of relevant substances (a) the person possesses 3 or more different kinds of relevant substance; and (b) the quantity of each substance is not more than the small quantity for the substance; and (c) the total of the small quantity fractions for each substance is more than 2. Note Other offences under the Criminal Code, ch 6 (Serious drug offences) may apply in relation to a person in possession of 2 or more kinds of controlled drugs, controlled precursors and controlled plants. (2) In this section: relevant substance— (a) for a person who is 18 years old or older means any of the following— (i) a drug of dependence for which a small quantity is (ii) a prohibited substance for which a small quantity is (b) for a person who is under 18 years old means any of the following— (i) a drug of dependence for which a small quantity is (ii) a prohibited substance for which a small quantity is (iii) cannabis for which a small quantity is prescribed. small quantity fraction, for a relevant substance a person possesses, means— the actual quantity of the relevant substance the small quantity for the relevant substance 171A Offence notices (1) If a police officer believes on reasonable grounds that a person has committed a simple drug offence, the police officer may serve an offence notice on the person. (2) If an offence notice is served on a child and the police officer serving the notice believes on reasonable grounds that the child is living with a person with parental responsibility for the child, the police officer must serve a copy of the notice on the person with parental responsibility. (3) An offence notice must— (a) specify the nature of the alleged simple drug offence to which the notice relates; and (b) specify the date and time when, and place where, the simple drug offence is alleged to have been committed; and (c) state that no further action will be taken in relation to the alleged simple drug offence if the alleged offender— (i) pays the prescribed penalty for the alleged offence within 60 days after the date of service of the notice; or (ii) satisfies the attendance requirements of an approved drug diversion program within 60 days after the date of service of the notice; and (d) specify details of the following: (i) for payment of the penalty—the amount of the penalty, how the penalty may be paid and the place where payment may be made; (ii) for attendance at a drug diversion program—where and how to satisfy the attendance requirements of the program; and (e) for a notice alleging a simple drug offence involving cannabis state that— (i) unless a court orders otherwise, the government analyst may, under section 193C (Destruction of cannabis without court order), destroy seized cannabis without a court order; and (ii) the alleged offender may apply to the Magistrates Court, under section 193D (Order for preservation of cannabis), for an order for the preservation of cannabis to which the alleged simple drug offence relates; and (f) contain any other particulars prescribed by regulation. (4) If the alleged offender pays the penalty in accordance with subsection (3) (d) (i), or satisfies the attendance requirements in accordance with subsection (3) (d) (ii)— (a) any liability of the person in relation to the alleged simple drug offence is discharged; and (b) no further proceeding may be taken in relation to the alleged simple drug offence; and (c) the person must not be regarded as having been convicted of the alleged simple drug offence. (5) Except as provided in subsection (4), this section does not affect the institution or prosecution of a proceeding for a simple drug offence. (6) Any substance, equipment or object seized under any Act in connection with the alleged simple drug offence that would have been liable to forfeiture in the event of a conviction is forfeited to the Territory on— (a) payment of the penalty in accordance with subsection (3) (d) (i); or (b) satisfying the attendance requirements of the approved drug diversion program in accordance with subsection (3) (d) (ii). (7) In this section: approved drug diversion program means a program approved under section 171BB. attendance requirements, for an approved drug diversion program, means attending the first session of the program. child means a person who is under 18 years old on the date of the alleged offence. person with parental responsibility, for a child—means a person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2. simple drug offence means an offence against any of the following: (a) section 162 (1); (b) section 169 (1); (c) section 171 (1); (d) section 171AA (1). 171AB Smoking cannabis in public place or near child (1) A person commits an offence if the person smokes cannabis in a public place. Maximum penalty: 30 penalty units. (a) the person smokes cannabis; and (b) a child is exposed to smoke or vapour from the cannabis the person is smoking. Maximum penalty: 30 penalty units. (3) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the defendant— (a) took all reasonable steps to ensure that the child was not exposed to the smoke or vapour; or (b) believed on reasonable grounds that the child was 18 years old or older. s (3) (see Criminal Code, s 59). (4) In this section: personal vaporiser—see the Tobacco and Other Smoking Products Act 1927, section 3B. public place—see the Smoke-Free Public Places Act 2003, dictionary. smoke cannabis means— (a) to directly puff smoke, or vapour, from cannabis, or a product that contains cannabis, whether or not a device for the inhalation of smoke, or vapour, is used; or (b) to hold or to have control over— (i) cannabis, or a product that contains cannabis, while it is ignited; or (ii) a personal vaporiser or vaping good that contains cannabis and that is activated. Examples—devices—par (a) • a personal vaporiser • a vaping good • a pipe (including a hookah, water pipe or bong) • a cigarette holder vaping good—see the Tobacco and Other Smoking Products Act 1927, section 3C. 171B Cannabis offences—notification of right to apply for preservation order (1) This section applies if a police officer seizes cannabis under this Act or another territory law. (2) As soon as practicable after seizing the cannabis, the police officer must give to each relevant person a written statement to the following effect: ‘You have been arrested for/charged with/may be charged with* an offence/offences* against the Drugs of Dependence Act 1989/Criminal Code, chapter 6 (Serious drug offences)* relating to seized cannabis. Unless a court orders otherwise, the government analyst may destroy seized cannabis without a court order. You have the right, under the Drugs of Dependence Act 1989, section 193D, to apply to the Magistrates Court for an order for the preservation of the seized cannabis. If you do not make an application within 24 hours, the cannabis may be destroyed and only a sample preserved.’ * Omit any alternative that is not relevant (3) In this section: relevant person means— (a) a person arrested for, or charged with, an offence against this Act or the Criminal Code, chapter 6 (Serious drug offences) in relation to the seized cannabis; or (b) a person who, to the knowledge or in the belief of the police officer, is likely to be charged with an offence against this Act or the Criminal Code, chapter 6 (Serious drug offences) in relation to the seized cannabis. 171BA Guidance material (1) The Minister must prepare and publish guidance material to inform the community about the legal and health implications of the amendments of this part made by the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019. (2) The guidance material is a notifiable instrument. 171BB Drug diversion program (1) The Minister may approve a drug diversion program for the assessment and treatment of people who are found in possession of drugs of dependence or prohibited substances. (2) An approval is a notifiable instrument.