What it does
The Misuse of Drugs Act 1981 (WA) (the Act) establishes a comprehensive framework to prohibit and regulate the misuse of specified drugs and plants in Western Australia. At its core, s.4 identifies the substances and organisms to which the Act applies: drugs of addiction, specified drugs, and those listed in Schedule I (notwithstanding the Medicines and Poisons Act 2014), together with plants from which drugs of addiction may be derived and those in Schedule II (excluding non-viable opium poppy seeds and processed industrial hemp). The Act creates a tiered system of criminal liability.
Part II sets out the primary offences. Section 6(1) makes it a crime to possess a prohibited drug with intent to sell or supply, manufacture or prepare a prohibited drug, or sell or supply (or offer to) such a drug. Simple possession or use is a simple offence under s.6(2). Parallel provisions in s.7 apply to prohibited plants, including cultivation. Section 5 criminalises permitting premises to be used for manufacture, sale, supply or use of prohibited drugs or plants, or being knowingly concerned in the management of such premises. Additional offences target hydroponic cultivation equipment (s.7A), drug paraphernalia (s.7B), and psychoactive substances (Part IIIB, ss.8Q-8R).
Presumptions assist proof: s.11 deems possession of quantities in Schedule V to presume intent to sell or supply, while larger amounts in Schedules VII and VIII trigger drug trafficking declarations under s.32A. The Act provides defences, including authorisation under the Medicines and Poisons Act 2014 or Voluntary Assisted Dying Act 2019 (ss.5B, 5C, 6(3)-(5), 7(3)), and specific protections for industrial hemp (s.8A).
Part IIIA establishes a diversion scheme for minor cannabis offences. Police may issue a cannabis intervention requirement (CIR) under s.8E instead of charging; completion of an approved cannabis intervention session (CIS) under s.8J prevents prosecution (s.8K). Young persons receive additional safeguards (ss.8G, 8H).