Misuse of Drugs Act 1990

Dangerous drug is defined as a Schedule 1 drug or Schedule 2 drug (s 3(1)). The definition extends to active principals, preparations, mixtures, salts, and drug analogues (s 3(2)). When a mixture contains multiple dangerous drugs, the quantity for determining threshold is calculated by treating the entire mixture as if it comprised the drug with the least quantity specified in the relevant schedule, which may disadvantage an accused (s 3(3B)).

Supply is defined expansively: give, distribute, sell, administer, transport or supply, whether or not for reward, and includes offering to do any of those acts, or doing an act preparatory to supply (s 3(1)). Taking part in supply includes taking a step in the process, providing or arranging finance, providing premises where a step is taken, or exercising control or direction over a step (s 3(6)). This means a person can be guilty of supply without personally handling the drug.

Cultivate includes planting a seed, nurturing, tending, growing, guarding or concealing a plant, and harvesting including picking any part or separating resin (s 3(1)). The definition is broad enough to cover a person who waters or protects a cannabis plant on another's land.

Manufacture means any process by which a substance is produced (other than by cultivation), extracted, refined, or transformed into a different substance (s 3(1)).

Possession includes being subject to the person's control even if the thing is in another person's custody (s 3(1)). This allows constructive possession to be established. For drug premises, evidence that a dangerous drug was found in a common area (not primarily used as a bedroom) is evidence that every resident present had the drug in their control (s 11V).

Traffickable quantity and commercial quantity are specified for each substance in Schedules 1 and 2. For example, for amphetamine, the traffickable quantity is 2.00 g and commercial quantity is 40.00 g (Schedule 1). For heroin, 2.00 g and 40.00 g. For cannabis resin, 10.00 g and 100.00 g (Schedule 2). For cannabis plants, traffickable quantity is not less than 5 nor more than 19 plants; commercial quantity is not less than 20 plants.

Drug analogue is defined in s 4B as a substance that is a stereo-isomer, structural isomer with same constituent groups, homologue, chemical derivative, or structural modification obtained by replacing certain functional groups or ring structures. The concept is designed to catch substances that are chemically similar to listed dangerous drugs but not themselves listed. For quantity purposes, the analogue has the same traffickable or commercial quantity as the parent drug (s 3(4)).

Prohibited plant means a plant specified in Schedule 1 or 2, or a plant not specified if a part or extract is specified (s 3(1)). This covers plants like cannabis that are listed, and also plants from which extracts like mescaline or psilocybin can be derived.

Premises includes a structure, building or place (whether built on or not) and any part thereof (s 3(1)). Public place includes any highway, premises or place (including water) to which the public have or are permitted access, and any vehicle on a public place (s 3(1)). Indigenous community means an area prescribed by regulation (s 3(1)).

Infringement notice offence under s 20(1) covers cultivating no more than 2 cannabis plants (s 6B(1) with cannabis plant), possessing cannabis oil up to 1 g, cannabis plant material up to 50 g, cannabis resin up to 10 g, or cannabis seeds up to 10 g (Schedule 3). These can be expiated by paying 2 penalty units.

Drug premises orders are civil orders made by the Local Court on application by the Commissioner of Police, without notice to the affected persons (s 11H). They last 12 months (s 11M) and have significant consequences: warrantless search powers (s 11R), eviction of tenants and residents (s 11U), and possible liquor licence suspension (s 11W). The court can make an order based on indications of supply on the balance of probabilities (s 11K), or must make an order if three separate drug findings have occurred with proper records and notices (s 11L). Indications of supply for residential premises include being prevented from entering, presence of a lookout, things used in supply, firearms, unexplained money, excessive traffic, presence of known drug sellers, stolen property, and construction with anti-raid devices (s 11C(1)). Similar indications apply to commercial and liquor licence premises (s 11C(2)).

The Act affects a very wide range of persons and entities in the Northern Territory.

Individuals are the primary targets. Any person who intentionally possesses, cultivates, manufactures or supplies a dangerous drug or prohibited plant may face criminal prosecution. The Act reaches persons who take part in any step in supply, cultivation or manufacture, including those who provide finance or premises (s 3(6)). This extends to persons who are mere facilitators. The Act also reaches persons outside the Territory: a person who is a party in the Territory to an act done outside the Territory that would be an offence under the Act and is an offence under local law is guilty as if done in the Territory (s 19). Supply offences apply regardless of whether the drug is supplied within the Territory or outside, and regardless of whether the supply constitutes an offence in that other place (s 5E). This gives the Act extraterritorial reach.

Children receive special protective treatment. An adult who supplies a dangerous drug to a child (under 18) faces a maximum penalty of life imprisonment for Schedule 1 drugs (s 5B) or 25 years for Schedule 2 drugs (s 5C). Cultivation in the presence of a child attracts life imprisonment for commercial quantity (s 6C) or 10 years for traffickable quantity (s 6D). Manufacture in the presence of a child attracts life imprisonment for Schedule 1 drugs (s 6G). Separately, if a person procures a young child (under 14) to commit an offence, the maximum penalty is life imprisonment regardless of the underlying offence (s 38).

Landlords, tenants and owners of premises are significantly affected by Part IIA drug premises orders. A landlord can be forced to evict a tenant under s 88A of the Residential Tenancies Act 1999 because premises have been declared drug premises (s 11U). An owner can apply for revocation of the order (s 11P). A resident on drug premises who is present when a drug is found in a common area is presumed to have possession of it (s 11V). Police may search drug premises without warrant at any time during the 12-month order (s 11R). A person within 200 m of drug premises who is believed by police to be associated with the premises must provide name and address on request (s 11SA).

Licensed premises are affected. If a drug premises order is made, the Commissioner of Police may apply for suspension of the liquor licence (s 11W). For commercial premises, a tenant may be evicted under s 126 of the Business Tenancies (Fair Dealings) Act 2003 (s 11U(3)).

Executive officers of bodies corporate are separately liable. If a body corporate commits an offence against Part II Division 1 Subdivision 1 or 2 or s 8 or 8A, the executive officer (director or person concerned in management) commits the same offence with absolute liability, subject to a defence that the officer was not in a position to influence conduct, took reasonable steps to prevent the contravention, or did not know and could not reasonably have known that the contravention would happen (s 39). This is a significant compliance burden for companies whose employees might engage in drug supply or manufacture.

Health practitioners are affected differently. They may be exempt from certain offences: a person in possession of a dangerous drug supplied by lawful prescription of an authorised prescriber is not guilty (s 42(a)). A person who administers a dangerous drug in accordance with lawful directions of a medical practitioner, dentist or optometrist is also exempt (s 42(b)). Medical practitioners, nurse practitioners, pharmacists and authorised persons may supply hypodermic syringes or needles (s 12(2)).

Researchers may obtain authorisation from the Chief Health Officer to possess, manufacture or cultivate dangerous drugs, precursors or prohibited plants for research, instruction, analysis or study (s 33). However, the Chief Health Officer must not give authorisation for a substance for which a research authorisation under the Medicines, Poisons and Therapeutic Goods Act 2012 can be granted (s 33(1A)). Persons authorised by the Chief Health Officer may also possess precursors for research (s 8A(4)).

Police officers have extensive powers and protections. They may possess dangerous drugs or precursors in the execution of their duties, pending proceedings, or for administration of the Act (s 31). They may be authorised for undercover operations to acquire or supply drugs for detecting offences (s 32). An undercover officer is not taken to be a party to an offence by reason only of that circumstance, and their evidence is not taken to be evidence of an accomplice (s 31(3)). Police of or above the rank of Commander may order destruction of seized drugs (s 19B). Senior police officers (Commander or above) may authorise drug detection areas (s 19V).

Informatics are protected. Their identity must be kept confidential (s 24). Disclosure of an informer's name or identifying matter is an offence punishable by 200 penalty units or 2 years imprisonment, unless made in good faith for protection of the informer or the public good (s 24(2)-(3)). In proceedings, the prosecutor and prosecution witnesses cannot be compelled to disclose the informer's identity unless the defendant satisfies the court it is in the interests of justice (s 25).

Persons who have been charged have rights. If a dangerous drug or precursor is seized, a person charged or to be charged is entitled to have a sample analysed or examined, provided there is sufficient quantity (s 19C). The person must apply in the prescribed form to the Commissioner of Police for release of a sample into the custody of a specified person who is authorised to possess it (s 19C(2)-(3)).

Lawful owners of dangerous drugs or precursors that have been seized but not destroyed may apply to a Local Court Judge for an order that the drug or precursor be returned (s 19S). This could apply, for example, to a pharmacy that had a Schedule 2 drug lawfully in its possession that was seized during an investigation.

Core duties (offences). The Act imposes a duty not to supply, cultivate, manufacture or possess dangerous drugs, prohibited plants or precursors without lawful authorisation. The structure of each offence typically requires: (a) intentional conduct (supplying, cultivating, manufacturing or possessing), (b) recklessness as to whether the substance is a dangerous drug or prohibited plant, and (c) absolute liability as to the quantity (commercial, traffickable, or less than traffickable). Absolute liability means the prosecution does not need to prove fault regarding quantity, and the defence cannot raise honest and reasonable mistake. For example, for possess traffickable quantity (s 7A), the prosecution must prove the person intentionally possessed something, was reckless about it being a dangerous drug, and the quantity actually exceeded the traffickable threshold. If the accused believed the bag contained only a small amount but it actually contained a traffickable quantity, that belief is irrelevant to liability for the quantity element.

Duty not to supply to children or in indigenous communities. An adult who supplies a dangerous drug to a child (under 18) commits an offence with higher maximum penalties: life for Schedule 1 drugs regardless of quantity (ss 5B, 5C). Supply of a Schedule 2 drug in an indigenous community attracts a maximum of 9 years imprisonment (s 5D), which is higher than the 5-year maximum for supply less than commercial quantity of a Schedule 2 drug generally.

Duty not to possess tainted property. Section 8 makes it an offence to receive or possess property obtained directly or indirectly from supply offences, or property that is a conversion or exchange of such property, with knowledge of the source. Maximum penalty is 25 years imprisonment.

Duty not to possess precursors, documents or articles used in manufacture. Possessing a precursor with intent to use it in manufacture of a dangerous drug carries 7 years imprisonment, with a defence if authorised (s 8A). Possessing a document with instructions to manufacture a dangerous drug together with equipment that can be used in manufacture carries 7 years (s 8B). Possessing articles used in manufacture carries 7 years (s 8C). The defendant bears the legal burden on the defences.

Duty not to administer dangerous drugs. Self-administration of a dangerous drug is an offence (s 13) with a maximum of 50 penalty units or 6 months imprisonment. Allowing another person to administer a dangerous drug to you is also an offence (s 14) with the same penalty. These are less serious than possession offences.

Duty not to display or supply cocaine kits, water pipes or ice pipes. Display in a shop or stall of a cocaine kit, water pipe or ice pipe is an offence (s 15(1)). Supply is also an offence (s 15(2)). A cocaine kit is defined as 2 or more of specified items (razor blade, tube, mirror, scoop, glass bottle) packaged for use to prepare cocaine for introduction into the body (s 15(3)). An ice pipe is a device intended for administration of a dangerous drug by smoking or inhaling fumes from heating the drug in crystal or powder form, including a crack pipe (s 15(3)). Exempt pipes and exempt water pipes may be prescribed by regulation.

Duty to give name and address. A person on or within 200 m of drug premises who is reasonably believed by police to be associated with the premises must inform the officer of their name and address upon request (s 11SA). Failure to do so is an offence with 200 penalty units or 2 years imprisonment. This is a significant power that can affect persons who are merely visiting a property that is listed as drug premises.

Duty to comply with directions at drug detection points. A driver in a drug detection area must stop when directed and provide name, address and date of birth upon request (s 19Y(4)-(5)). Failure is an offence (100 penalty units or 12 months for failing to stop; 200 penalty units or 2 years for failing to provide details).

Rights. A person charged has the right to have a sample of seized drugs analysed or examined if there is sufficient quantity (s 19C). A person who is the owner of a seized substance that is dangerous to health may also have a sample analysed (s 19PA). A lawful owner of a dangerous drug or precursor may apply for its return (s 19S). A person who would otherwise commit an offence has the right to rely on lawful authorisation under another Act, such as a prescription, licence or registration (ss 8A(2), 8B(2), 8C(2), 11X(2), 42). A person who is found on drug premises may apply to the court for revocation of the drug premises order if they can show the premises are no longer used for supply or that it would be unjust to keep the order in force (s 11P). A person who is subject to a restraining order may apply for variation (s 11T(7)). A person whose property is seized but no proceedings are instituted is entitled to have it returned (s 35(1)). A person from whom property is acquired otherwise than on just terms is entitled to just compensation (s 42A). A person who is charged with an offence that carries not more than 14 years imprisonment may have the matter dealt with summarily if the prosecution elects (s 22, 23(2)). However, persons who could be declared drug traffickers under s 36A are not to be tried summarily (s 22(2)).

Maximum penalties are graded by substance schedule and quantity. For Schedule 1 drugs, supply of a commercial quantity carries 25 years (s 5(1)); supply less than commercial carries 14 years (s 5A(1)). For Schedule 2 drugs, commercial quantity supply carries 14 years; less than commercial carries 500 penalty units or 5 years. Cultivation of a commercial quantity of a prohibited plant carries 25 years (s 6(1)); traffickable quantity 7 years (s 6A(1)); less than traffickable 200 penalty units or 2 years (s 6B(1)). Possession of a commercial quantity of a Schedule 1 drug carries 25 years (s 7(1)); traffickable quantity 7 years (s 7A(1)); less than traffickable 200 penalty units or 2 years (s 7B(1)). For Schedule 2, possession of a traffickable quantity carries 500 penalty units or 5 years, and less than traffickable 50 penalty units (s 7B(1)(b)). Possession in a public place increases penalties: for traffickable quantity of a Schedule 1 drug, 14 years (s 7C(1)(a)), and for less than traffickable, 500 penalty units or 5 years (s 7D(1)(a)). Life imprisonment is the maximum for supply to a child of a Schedule 1 drug (ss 5B, 5C), cultivation in presence of child with commercial quantity (s 6C), and manufacture of a Schedule 1 drug with commercial quantity (s 6E). The manufacture of a Schedule 1 drug less than commercial quantity carries 25 years (s 6F(1)(a)). Theft of a dangerous drug carries 14 years for Schedule 1, 7 years for Schedule 2 (s 11Y). Precursor offences carry 7 or 10 years (ss 8A, 8B, 8C, 11X).

Infringement notices are available for minor cannabis offences: cultivating up to 2 cannabis plants, possessing up to 1 g cannabis oil, 50 g cannabis plant material, 10 g cannabis resin or 10 g cannabis seeds (Schedule 3). The prescribed amount is 2 penalty units (s 20(2)). The notice must be given to an adult (s 20A(2)). Payment within 28 days expiates the offence (s 20B(2)(a)). An infringement notice does not prevent prosecution if not paid (s 20E). Withdrawal within 28 days is possible if payment not made (s 20D). The infringement notice must warn of enforcement action including licence suspension, property seizure, wage deduction, statutory charge on land, community work order and imprisonment (s 20B(2)(c)). Multiple notices may be given for the same offence (s 20E(2)(c)).

Drug premises orders are a civil enforcement mechanism. The court may make an order on the balance of probabilities based on indications of supply (s 11K). The court must make an order if there have been three or more separate drug findings with proper records and notices (s 11L). The order lasts 12 months (s 11M). During that period, police may search the premises without warrant (s 11R). Tenants and residents may be evicted (s 11U). All residents on premises are taken to have possession of drugs found in common areas (s 11V). The Commissioner may apply for suspension of a liquor licence (s 11W). A person commits an offence if they obstruct police entry (200 penalty units or 2 years), or warn others of a search (200 penalty units or 2 years) , s 11S. Tampering with the notice affixed to drug premises is an offence (200 penalty units or 2 years) , s 11Q(3). A person within 200 m who fails to provide name and address on request commits an offence (200 penalty units or 2 years) , s 11SA. Breach of the peace on drug premises carries 50 penalty units or 6 months, and the court may make a restraining order requiring a recognizance to keep the peace for up to 6 months, with possible imprisonment of up to 6 months for contravention (s 11T).

Forfeiture is mandatory upon a finding of guilt: any dangerous drug or precursor in respect of which the finding of guilt is made is forfeited to the Crown (s 34(1)). The court may also order forfeiture of vehicles, vessels, aircraft, other conveyances, money, valuable securities and other things that relate to the offence (s 34(3)). A person claiming an interest may be heard and may receive notice (s 34(4)). Innocent owners who gave valuable consideration and had no reason to suspect the circumstances may avoid forfeiture (s 34(5)). The court may order release or return to such a person (s 34(6)). A person ordered to forfeit money or other thing must pay or deliver it immediately on production of a copy of the order (s 34(8)). Failure to comply is an offence (200 penalty units or 2 years) , s 34(8A).

Declared drug trafficker. Under s 36A, the Director of Public Prosecutions may apply to the Supreme Court for a declaration that a person is a drug trafficker if the person has been found guilty of a relevant offence and within the preceding 10 years (extended by any imprisonment served) has been found guilty on 2 or more occasions of corresponding offences, or on one occasion of 2 or more separate charges. Relevant offences include supply offences under Subdivision 1, cultivation of commercial or traffickable quantity, manufacture, possession of commercial or traffickable quantity, possession in public place of traffickable quantity, and conspiracy. The declaration has consequences under other legislation, notably the Criminal Property Forfeiture Act 2002. Persons who could be so declared are not to be tried summarily (s 22(2)).

Penalty guidelines. Section 37(6) provides that when sentencing for cultivation or possession offences (Subdivisions 2 and 3 of Division 1), the court must presume that if the amount is a traffickable quantity, the person intended to supply, and if a commercial quantity, the person intended to supply for commercial gain, unless the contrary is proved. This reverses the burden of proof on the issue of intent at sentencing. Section 37(7) confirms the rebuttable presumption. Additionally, if a person is already serving actual imprisonment and is sentenced for an offence committed while serving that period, the further sentence must be served consecutively (s 37(4)).

Detention for body cavity searches. Under s 35A, if a police officer reasonably suspects a person has swallowed or is concealing a dangerous drug on or in their person, the officer may apply to a Supreme Court Judge for an order to detain the person for the purpose of performing an intimate procedure under the Police Administration Act 1978. This may include X-ray, ultrasound, electromagnetic radiation recording, or other scan (s 35A(5)). The order can be made even if the person has not been charged with any offence (s 35A(3)). This power is supervised by judicial oversight but involves significant intrusion.

Fines. Section 28 provides that a person found guilty of an offence against Part II may, in addition to any other penalty, be fined an amount not limited by s 16 of the Sentencing Act 1995, and in default may be imprisoned for not longer than 3 years, which may extend beyond the longest term otherwise applicable. This allows courts to impose very substantial fines.

Criminal Code (NT) . Section 4C provides that Part IIAA of the Criminal Code applies to offences against this Act. Part IIAA contains general principles of criminal responsibility, including fault elements (intention, recklessness, negligence), defences (including mistake of fact, intervening conduct, duress), and burden of proof. Section 21 provides that the Criminal Code, with necessary changes, shall be read and construed with this Act. The note to s 4C confirms that Part IIAA states general principles, establishes general defences, and deals with burden of proof. The offences in this Act are structured to comply with the Code: most require intention as to conduct, recklessness as to circumstance (that the substance is a dangerous drug), and absolute liability on the quantity element. The Code also provides for attempt and conspiracy, and s 3(7) confirms that an offence reference includes attempt or conspiracy.

Police Administration Act 1978. This Act works in tandem with the Misuse of Drugs Act. Section 36 of the Misuse of Drugs Act provides that provisions relating to police powers are in addition to and not in derogation of any other power under any other law. Section 35A directly references s 145 of the Police Administration Act for intimate procedures and body cavity searches. Section 19Y note clarifies that additional powers are conferred under Part VII, Division 2A of the Police Administration Act for stopping and searching if there are reasonable grounds to suspect presence of a dangerous drug or precursor. Section 3(7A) provides that a thing is taken to be connected with an offence if it would be so taken under s 116(1) of the Police Administration Act. The definition of police dog adopts the definition from s 4(1) of the Police Administration Act.

Medicines, Poisons and Therapeutic Goods Act 2012. This Act is referenced in several places. An authorised prescriber is defined by reference to s 5 of that Act (s 3(1) definition). A pharmacist, medical practitioner, nurse practitioner, dentist and optometrist are defined by reference to registration under the Health Practitioner Regulation National Law, which is the legislation implementing national registration; the Medicines, Poisons and Therapeutic Goods Act governs lawful prescribing and supply of scheduled medicines. The defence in s 42 for possession on lawful prescription and administration in accordance with directions relies on this regime. Section 33(1A) prevents the Chief Health Officer from giving an authorisation for research under the Misuse of Drugs Act for a dangerous drug for which a research authorisation can be granted under the Medicines, Poisons and Therapeutic Goods Act. Anabolic steroids in products packaged for ovulation control or in quantities that can lawfully be prescribed as a Schedule 4 substance under that Act are excepted from the anabolic steroids entries in Schedule 2. Schedule 2 also contains exceptions for tetrahydrocannabinols in hemp seed oil and other products.

Hemp Industry Act 2019. Section 4A provides that the Misuse of Drugs Act does not affect the operation of the Hemp Industry Act or make unlawful anything done in accordance with that Act. Processed low THC hemp (treated by mechanical, chemical or other artificial means, substantially free of leaves and flowering heads, or non-viable seed) is excluded from the Misuse of Drugs Act. However, this exclusion only applies to processed low THC hemp; unprocessed low THC cannabis sativa plants with THC concentration no more than 1% (low THC Cannabis sativa) are still regulated under this Act unless they meet the processing exemption. The definition of low THC Cannabis sativa in s 3(1) (plant with no more than 1% delta 9-tetrahydrocannabinol) distinguishes it from permissible Cannabis seeds (non-viable, hulled seeds of low THC Cannabis sativa with no more than 0.0005% THC and only naturally present cannabinoids). Permissible Cannabis seeds are excluded from the definition of cannabis seed in Schedule 2.

Residential Tenancies Act 1999 and Business Tenancies (Fair Dealings) Act 2003. These Acts are directly engaged by the drug premises order regime. Section 11U provides that s 88A of the Residential Tenancies Act applies to tenancy agreements for residential drug premises, and also to agreements permitting a person to reside (treated as if a tenancy agreement). That section presumably allows termination of tenancy. For commercial and liquor licence premises, s 126 of the Business Tenancies (Fair Dealings) Act applies. Definitions of landlord and tenant for residential premises adopt meanings from the Residential Tenancies Act, and for commercial or liquor licence premises adopt meanings from Part 13 of the Business Tenancies Act (s 11A). The court in considering revocation of a drug premises order must have regard to whether residents have been served with notice to quit under s 88A of the Residential Tenancies Act or s 126 of the Business Tenancies Act (s 11P(5)).

Liquor Act 2019. The Commissioner of Police may apply under s 261 of the Liquor Act for suspension of a licence in respect of drug premises (s 11W). Licensee is defined by reference to s 4(1) of the Liquor Act (s 11A). Liquor licence premises are those licensed under the Liquor Act and operating under a prescribed authority (s 11A). Notices of drug findings on liquor licence premises must be served on the licensee (ss 11E(4), 11F(4), 11G(4)).

Fines and Penalties (Recovery) Act 2001. Infringement notices under Part IIB are enforced under this Act. The infringement notice must specify the enforcement agency as defined in that Act (s 20B(1)(f)). The notice must contain statements that the person may elect to have the matter dealt with by a court under s 21 of that Act, and that enforcement action including licence suspension, property seizure, wage deduction, statutory charge on land, community work order and imprisonment may be taken under that Act if the person does nothing (s 20B(2)).

Criminal Property Forfeiture Act 2002. Section 36A (declared drug trafficker) is relevant to the Criminal Property Forfeiture Act, which provides for confiscation of property derived from drug trafficking. The definition of drug trafficker under that Act would be triggered by a declaration under s 36A.

Other Acts and Commonwealth laws. Section 8A(2) and (3) provides defences if a person is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory. Section 36A(6)(h) includes offences against Division 307 of the Criminal Code (Cth) (drug offences) as relevant offences for declaring a drug trafficker. The Act binds the Crown in all its capacities so far as legislative power permits (s 4(1)). The Act is to be construed with the Criminal Code, and the Code's general principles apply.

The Misuse of Drugs Act 1990 has been amended extensively. The endnotes list over 50 amending Acts and Statutory Rules from 1990 to 2025.

Major structural amendments. The Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17 of 2016) restructured the offence provisions significantly. It inserted the current graded offences for supply (ss 5-5E), cultivation (ss 6-6G), possession (ss 7-7D), tainted property (s 8), and alternative verdicts (s 9). It replaced earlier single provisions with the system of commercial quantity, traffickable quantity and less than traffickable quantity, with separate offences for possession in public places, supply to children, supply in indigenous communities, and cultivation or manufacture in presence of children. It also inserted the drug premises order offence of failing to give name and address (s 11SA), amended the display and supply of cocaine kit and water pipe provisions, and inserted new precursor supply offence (s 11X) and theft of dangerous drug (s 11Y). It replaced the infringement notice provisions.

Amendment of schedules. Schedules 1 and 2 have been amended frequently. Notable amendments: the Misuse of Drugs Amendment (Methamphetamine) Act 2013 (Act No. 25 of 2013) was specifically directed at methamphetamine, amending both schedules. The Misuse of Drugs Amendment Act 2014 (Act No. 7 of 2014) substituted Schedule 2 entirely. Amendment by Regulations under s 43(2)(a) allows the insertion of substances into the schedules and specification of quantities; for example, Misuse of Drugs (Act Amendment) Regulations 2016 (SL No. 23 of 2016) amended both schedules. The Attorney-General Legislation Amendment Act 2025 (Act No. 14 of 2025) amended Schedules 1 and 2 effective 1 August 2025.

Drug premises orders. Part IIA (now Division 1A of Part II) was inserted by the Misuse of Drugs Amendment Act 2002 (Act No. 32 of 2002). This was a significant addition that gave police the ability to apply for drug premises orders on the balance of probabilities, with warrantless search powers and eviction consequences. The Liquor Act 2019 (Act No. 29 of 2019) amended definitions in s 11A and provisions regarding liquor licence premises.

Drug detection areas. Part IIAB was inserted by the Misuse of Drugs Amendment Act 2015 (Act No. 31 of 2015), which commenced 17 December 2015. This gave senior police officers the power to declare drug detection areas more than 30 km from Darwin GPO, not exceeding 3 square kilometres, for up to 14 days, with warrantless stop-and-search powers without reasonable suspicion. The same Act also amended s 36 and inserted transitional provisions.

Sentencing provisions. Section 37 was amended by the Sentencing and Other Legislation Amendment Act 2022 (Act No. 28 of 2022), which commenced 25 March 2024. The amendment applies to offences committed before commencement if the court had not sentenced the person before commencement, and to offences committed after commencement (s 50). Section 37(6)-(7) now contains the statutory presumptions that traffickable quantity = intent to supply, commercial quantity = intent to supply for commercial gain.

Executive officer liability. Section 39 was substituted by the Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26 of 2015), which commenced 14 October 2015. The new section imposes absolute liability on executive officers for declared provisions (Part II, Division 1, Subdivisions 1 or 2, or s 8(1),(2) or 8A(1)) committed by the body corporate, with defences available. Transitional provisions in s 47 save the operation of the previous s 39 for some post-commencement offences.

Hemp industry. Section 4A was substituted by the Hemp Act 2019 (Act No. 25 of 2019), which commenced 6 May 2020. It replaced an earlier provision that excluded industrial hemp, with a broader exclusion for processed low THC hemp and clarification that the Act does not affect the Hemp Industry Act.

General amendments. Many amending Acts made formal changes, updated references to renamed Acts, or amended definitions. The Statute Law Revision Act 2018 made general amendments to numerous provisions including ss 1, 3, 11A, 11E, 11F, 11G, 11J, 11N, 11P, 11U, 11W, 19K, 19U, 19Y, 20B, 23, 28, 33, 34, 35, 35A and 37, and Schedule 2. The Local Court (Repeals and Related Amendments) Act 2016 replaced references to "Court of Summary Jurisdiction" with "Local Court" throughout.

Transitional provisions. Part IV contains several transitional provisions addressing commencement of amendments: s 44 (2008 indigenous community amendments apply only to offences committed after commencement), s 45 (2013 methamphetamine amendments prospective), s 46 (2014 amendments prospective), s 47 (2015 directors' liability amendments), s 48 (2015 drug detection area amendments to s 40(c) prospective), s 49 (2016 drug offences amendments apply only to post-commencement offences), and s 50 (2022 sentencing amendments have retrospective effect for unsentenced persons).

The Act itself does not name any case law. However, several provisions are likely to have been litigated in Northern Territory courts.

The reverse onus provisions may be constitutionally challenged. Section 40(1)(c) provides that proof a drug was in or on a place of which the person was the occupier or concerned in management is proof of possession unless the person proves they neither knew nor had reason to suspect it was there. This reverses the onus of proof on the element of possession. Section 37(6) creates a presumption at sentencing that a person in possession of a traffickable quantity intended to supply, and if commercial quantity intended to supply for commercial gain, unless the contrary is proved. These presumptions may be subject to challenge under the principle that the prosecution bears the ultimate legal burden, though the High Court has accepted that reasonable reverse onus provisions can be valid in appropriate circumstances. The defendant bears a legal burden under several other provisions: s 8A(3) (precursor possession defence), s 8B(5) (document/equipment defence), s 8C(3) (article defence), s 11X(3) (supplying precursor defence), s 12(3A) (defence for supplying syringe), s 24(4) (defence for disclosing informer identity), and s 39(3) (executive officer defence).

The informer protection provisions (ss 24, 25) may have been litigated regarding the balance between a defendant's right to a fair trial and the public interest in protecting informants. Section 25(3) allows a court to order disclosure if the defendant satisfies the court it is in the interests of justice. The scope of this exception is likely to have been tested.

Drug premises orders (Division 1A) may have been challenged on procedural fairness grounds. Section 11H provides that no notice is to be given to an owner, landlord, tenant or resident of an application for an order, and the court determines the application in their absence. Section 11J allows evidence by affidavit and hearings in camera. The Commissioner must disclose matters that would support an argument against granting the order (s 11J(4)). The affected person can later apply for revocation (s 11P) but cannot appeal until after an application for revocation has been refused (s 11P(6)). This process may be challenged as denying natural justice, though it is designed to prevent tipping off. Section 11C(3) allows the court to consider indications that do not occur on the premises but relate to them. The standard of proof is the balance of probabilities (s 11K(1)). A finding of supply may be made even if there has been no finding of guilt for any drug offence (s 11J(7)).

The alternative verdict provisions (s 9) allow a trier of fact to find a person guilty of a lesser included offence if not satisfied of the greater. For example, a charge of commercial quantity supply can result in a conviction for less than commercial quantity supply (s 9 Table). A charge of possession of a traffickable quantity in a public place (s 7C) has multiple alternatives: s 7A (traffickable quantity, not in public place), s 7B (less than traffickable), or s 7D (less than traffickable in public place). This gives the court flexibility but may raise issues of procedural fairness when the alternative is not obvious from the charge.

The drug detection area provisions (Part IIAB) limit authorisations to areas more than 30 km from Darwin GPO, not exceeding 3 square kilometres, with roads no longer than 3 km (s 19W). Only 3 authorisations can be in force at the same time (s 19X(2)(b)). These limitations may be litigated on questions of compliance. The Commissioner must report annually to the Minister on the number of authorisations, areas, periods, and number of seizures (s 19ZA). The procedures must be designed to avoid undue delay or inconvenience (s 19X(2)(a)). The power to stop vehicles without reasonable suspicion is a significant departure from ordinary police powers and may be challenged as beyond the legislative competence of the Territory or inconsistent with Commonwealth law.

Sentencing and drug trafficker declarations. Section 36A(5) extends the 10-year lookback period by the total length of any terms of imprisonment served. This may be relevant in sentencing appeals. The definition of drug trafficker includes offences under Commonwealth Division 307 of the Criminal Code and offences from other states or territories. The declared drug trafficker regime interacts with the Criminal Property Forfeiture Act and may be litigated in property confiscation proceedings.

Absolute liability on quantity elements. Many offences impose absolute liability on whether the quantity is commercial, traffickable, or less than that. This means the prosecution does not need to prove fault regarding quantity, and the defence of honest and reasonable mistake of fact is unavailable. A person who believes they are carrying a small amount but actually has a traffickable or commercial quantity cannot argue they were mistaken about weight. For example, if a person possesses a bag containing what they believe is 1 g of methamphetamine but it actually weighs 2.01 g (the traffickable threshold), they are guilty of possessing the traffickable quantity regardless of their belief. This is a serious trap for practitioners acting for clients in possession cases.

Recklessness as to the substance being a dangerous drug. The fault element for the circumstance that the substance is a dangerous drug is recklessness. This means the prosecution must prove the person was aware of a substantial risk that the substance was a dangerous drug and unjustifiably took that risk. However, in practice, if a person is found with a substance in circumstances suggesting drug involvement (e.g. cash, scales, deal bags), the inference of recklessness is strong. A person who genuinely believes a substance is a legal substance such as a vitamin powder may have a defence if the belief was honest and reasonable. But for many illegal drugs, the circumstances of possession will strongly suggest knowledge or recklessness.

Occupier deemed possession. Section 40(1)(c) provides that proof a drug was in or on a place of which the person was the occupier or concerned in management or control is proof of possession unless the person proves they neither knew nor had reason to suspect it was there. This reverses the evidential and legal burden on the accused. A tenant whose housemate has drugs in a shared living area may be deemed to have possession even if they did not know. The defence must adduce evidence to displace the presumption. This is a significant trap for persons living in shared accommodation or residing with drug users.

Presumptions at sentencing. Section 37(6) requires the court to presume that a person in possession of a traffickable quantity intended to supply, and if a commercial quantity intended to supply for commercial gain, unless the contrary is proved. This presumption operates at sentencing and significantly increases the likely sentence. The practical effect is that a person found with 2 g of methamphetamine (the traffickable quantity) is presumed to be a supplier, not just a user. The contrary must be proved by the defence. This is a trap for user-dealers who may have no intention to sell but possess enough for personal use over a period.

Consecutive sentences for offences committed while serving imprisonment. Section 37(4) provides that if a person already serving actual imprisonment is sentenced for an offence committed while serving that period, the further period must be served consecutively. This removes any judicial discretion to make sentences concurrent. A prisoner who commits a drug offence while incarcerated will have the sentence added to the existing sentence without any possibility of concurrency.

Drug premises orders without notice. The Commissioner can apply for a drug premises order and the court must hear it in the absence of the owner, landlord, tenant or resident (s 11H, 11J). No notice is given. The court can make findings based on indications of supply on the balance of probabilities, even if no one has been found guilty of any drug offence (s 11J(7)). After the order is served, the affected persons can apply for revocation, but the order has effect fully until then (s 11N). This is a trap for innocent property owners who may suddenly find their property listed as drug premises with warrantless search powers and potential eviction of tenants.

All residents deemed to have possession of drugs found in common areas. Section 11V provides that evidence a dangerous drug was found in a room (not primarily used as a bedroom) in residential drug premises is evidence, in respect of a charge against a resident who was on the premises when the drug was found, that the drug was in the resident's control. This applies to charges for supply and manufacture offences. A resident watching television in the living room when police find drugs on a coffee table is deemed to have the drugs in their control. This is a harsh evidentiary provision that can result in multiple residents being charged for the same drugs.

Executive officer liability. Executive officers of a body corporate commit an offence if the body corporate commits an offence against certain provisions (Part II Division 1 Subdivision 1 or 2, or s 8(1),(2) or 8A(1)). The offence is one of absolute liability (s 39(2)). The only defences are: the officer was not in a position to influence conduct, took reasonable steps to prevent the contravention, or did not know and could not reasonably have known it would happen (s 39(3)). The officer bears the legal burden on these defences. A director of a company whose employees engage in drug supply or manufacture risks personal criminal liability and a maximum penalty equal to that for an individual (which could be 25 years or life). This is a significant trap for corporate officers who fail to implement effective compliance systems.

Indigenous community supply offence. Section 5D creates a specific offence of supplying a Schedule 2 drug in an indigenous community in an amount less than commercial quantity, with a maximum of 9 years. This is higher than the general 5-year maximum for Schedule 2 supply less than commercial quantity. The prosecution does not need to prove the defendant knew the location was an indigenous community; absolute liability applies (s 5D(2)(e)). A statement in the complaint or indictment that the place was at the relevant time an indigenous community is evidence of that fact (s 40(3)). This is a heavy charge for an offence that does not involve a child and is less than a commercial quantity.

Infringement notice for cannabis only covers specific quantities. The infringement notice scheme only applies to cannabis offences: up to 2 plants cultivated, up to 1 g cannabis oil, 50 g plant material, 10 g resin, 10 g seeds. Any other drug or exceeding these quantities means the person must face court and cannot expiate the matter. A person in possession of 2.1 g of cannabis seeds cannot use the infringement notice and must face a court with a maximum penalty of 2 years for less than traffickable quantity (s 7B(1)(b)) or 200 penalty units.

Supplying a hypodermic syringe. Section 12(2) makes it an offence for a person other than a medical practitioner, nurse practitioner, pharmacist or authorised person to supply a hypodermic syringe or needle for use in administering a dangerous drug. The maximum penalty is 50 penalty units or 6 months. There is a defence if the defendant obtained the syringe from an exempt person for use of another person and supplied it unused as soon as practicable (s 12(3)). But this defence has a legal burden on the defendant (s 12(3A)). A person who buys syringes for a friend who uses drugs risks prosecution even if acting altruistically.

For individuals, compliance requires knowing what substances are dangerous drugs or prohibited plants and avoiding possession, supply, cultivation and manufacture. The safest approach is to have no dealings with any substance listed in Schedules 1 or 2 without lawful authority. A person who is prescribed a dangerous drug should ensure they have a lawful prescription from an authorised prescriber and possess only the quantity prescribed (s 42). A person who administers a drug must have lawful directions from a medical practitioner, dentist or optometrist (s 42). A person who finds themselves in possession of someone else's drugs should promptly dispose of them in a lawful manner or contact police, and keep records to support a defence that they did not know or had no reason to suspect.

For property owners and landlords, the primary risk is that their premises may be declared drug premises. A landlord should take reasonable steps to know their tenants and ensure regular inspections. If police make a record of a first finding of dangerous drugs and serve notice, the landlord should take immediate action, including potentially evicting the tenant if a drug premises order is likely. The landlord who is served with a second warning (s 11F) should understand that a third finding within 12 months will likely result in a mandatory drug premises order (s 11L). At that point, the police may search without warrant and the landlord may be required to evict the tenant (s 11U). The landlord should cooperate with police and consider applying for revocation of any order if the circumstances change (s 11P). The landlord should also ensure that the premises do not have devices for preventing police entry, such as reinforced doors, as that is an indication of supply (s 11C(1)(l) and (2)(h)).

For businesses, particularly those operating in the hospitality industry, compliance means ensuring that police are not obstructed from entering, that staff are not involved in drug supply, that unexplained money is not present, and that firearms and stolen property are not on the premises (s 11C(2)). If a dangerous drug is found at commercial or liquor licence premises apparently in the possession of an owner, landlord, tenant or employee, or in a room to which only they have access, the police may start recording findings and serving warnings. A business should have clear policies prohibiting drug use and supply on premises, and should train staff to recognise and report indicators of drug activity. The licensee of a liquor licence premises should be aware that a drug premises order can lead to suspension of the liquor licence (s 11W).

For executive officers of bodies corporate, compliance requires proactive measures. Section 39 imposes criminal liability on executive officers if the body corporate commits a relevant offence, unless the officer can show they were not in a position to influence conduct, took reasonable steps to prevent the contravention, or did not know and could not reasonably have known it would happen. The court must consider whether the officer arranged regular professional compliance assessments, implemented recommendations from those assessments, and ensured employees, agents and contractors had reasonable knowledge and understanding of the requirement to comply (s 39(4)). A prudent executive officer should implement a compliance program that includes regular audits of activities that could involve drug supply or manufacture, training for employees, and clear policies prohibiting drug-related conduct. The officer should document all steps taken to ensure compliance. Because the offence is absolute liability, the only way to avoid liability is to prove the defence on the balance of probabilities.

For researchers and analysts, compliance requires obtaining authorisation from the Chief Health Officer under s 33(1) before possessing, manufacturing or cultivating dangerous drugs, precursors or prohibited plants. The authorisation must be in writing and is subject to conditions. The person must comply strictly with those conditions. If the dangerous drug can be the subject of a research authorisation under the Medicines, Poisons and Therapeutic Goods Act 2012, the Chief Health Officer must not give authorisation under the Misuse of Drugs Act (s 33(1A)). The researcher should first check whether that Act provides a pathway. A body corporate that obtains authorisation may have employees who are directly involved in the research who may lawfully possess or manufacture in accordance with the authorisation (s 33(4)). For analysis of seized drugs, analysts appointed under s 3(8) or authorised under a Commonwealth, state or territory law may issue certificates that are conclusive evidence of identity and quantity in the absence of evidence to the contrary (s 29). The destruction provisions in Part IIA require careful sampling and notice procedures; police officers must ensure compliance with s 19B before destroying suspected drugs.

For persons who may be subject to a drug detection area, compliance requires knowing that an authorisation under Part IIAB allows police to stop vehicles without warrant and without reasonable suspicion, to detain persons, to carry out general drug detection using detection dogs or electronic drug detection systems, and to search vehicles and persons. A person who is directed to stop must comply, and if detained must provide name, address and date of birth upon request. Failure to do so is an offence (s 19Y(4)-(5)). The best compliance is to cooperate with police directions and not to transport dangerous drugs in areas that are likely to be drug detection areas (more than 30 km from Darwin GPO, typically along major routes). However, because authorisations are not published in advance, a person cannot know with certainty whether a particular area is subject to an authorisation. The Commissioner must establish procedures to ensure no more than 3 authorisations are in force at the same time (s 19X(2)(b)). A person who is stopped may be detained only as long as reasonably necessary for the search (s 19Y(3)). The officer must have procedures to avoid undue delay or inconvenience (s 19X(2)(a)). If a person believes their rights have been breached, they may later challenge the authorisation or the search in legal proceedings.

For any person who is charged with an offence, the Act provides several procedural rights: the right to have a sample of seized drugs analysed or examined (ss 19C, 19PA), the right to apply for return of seized property if no proceedings are instituted (s 35), the right to seek compensation if property is acquired otherwise than on just terms (s 42A), and the right to have summary trial for offences carrying not more than 14 years if the prosecution elects (s 22, 23(2)). However, a person who could be declared a drug trafficker cannot be tried summarily (s 22(2)). An accused person should obtain legal advice promptly, particularly regarding the reverse onus provisions and the presumptions at sentencing. The alternative verdict provisions (s 9) may provide some flexibility at trial if the quantity charged is not proven. The presumption at sentencing that the person intended to supply (s 37(6)) requires the defendant to disprove that intent; evidence of personal use, employment, lack of dealing paraphernalia, and user-level quantities may be relevant.

For health practitioners, the Act provides exemptions for lawful prescribing and administration (s 42). A practitioner should ensure that any prescription or direction is lawful and within their scope of practice. A medical practitioner, nurse practitioner or pharmacist may supply hypodermic syringes or needles (s 12(2)). A person who obtains a syringe from such a professional for another person must supply it unused as soon as practicable (s 12(3)). A practitioner who becomes aware of a patient's drug misuse should consider the reporting obligations under other laws and the duty of care, but the Act itself does not create a specific duty beyond not facilitating drug offences.