sec.15DMeaning of eligible drug offence

### sec.15D Meaning of eligible drug offence An eligible drug offence is— an offence by a person against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the person’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The person had— 0.2g of a preparation containing X and Y; and 0.7g of a preparation containing X; and 0.1g of an admixture containing Y. The total quantity of the preparations in the person’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the person’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. the court considers each dangerous drug mentioned in the charge was for the person’s personal use; or an offence against the Drugs Misuse Act 1986 , section 10 (1) , if the court considers the possession of each thing mentioned in the charge was related to its personal use by the person in connection with the commission of the offence; or an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) . In this section— dangerous drug see the Drugs Misuse Act 1986 , section 4 . prescribed dangerous drug means a dangerous drug prescribed under a regulation for this definition. prescribed quantity means a quantity prescribed under a regulation for this definition. s 15D ins 2002 No. 59 s 7 amd 2007 No. 37 s 128 ; 2010 No. 42 s 162 (sec.15D-ssec.1) An eligible drug offence is— an offence by a person against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the person’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The person had— 0.2g of a preparation containing X and Y; and 0.7g of a preparation containing X; and 0.1g of an admixture containing Y. The total quantity of the preparations in the person’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the person’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. the court considers each dangerous drug mentioned in the charge was for the person’s personal use; or an offence against the Drugs Misuse Act 1986 , section 10 (1) , if the court considers the possession of each thing mentioned in the charge was related to its personal use by the person in connection with the commission of the offence; or an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) . (sec.15D-ssec.2) In this section— dangerous drug see the Drugs Misuse Act 1986 , section 4 . prescribed dangerous drug means a dangerous drug prescribed under a regulation for this definition. prescribed quantity means a quantity prescribed under a regulation for this definition. - (a) an offence by a person against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the person’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The person had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the person’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the person’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. (iii) the court considers each dangerous drug mentioned in the charge was for the person’s personal use; or - (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and - (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the person’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The person had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the person’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the person’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. - • 0.2g of a preparation containing X and Y; and - • 0.7g of a preparation containing X; and - • 0.1g of an admixture containing Y. - (iii) the court considers each dangerous drug mentioned in the charge was for the person’s personal use; or - (b) an offence against the Drugs Misuse Act 1986 , section 10 (1) , if the court considers the possession of each thing mentioned in the charge was related to its personal use by the person in connection with the commission of the offence; or - (c) an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) . - (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and - (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the person’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The person had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the person’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the person’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. - • 0.2g of a preparation containing X and Y; and - • 0.7g of a preparation containing X; and - • 0.1g of an admixture containing Y. - (iii) the court considers each dangerous drug mentioned in the charge was for the person’s personal use; or - • 0.2g of a preparation containing X and Y; and - • 0.7g of a preparation containing X; and - • 0.1g of an admixture containing Y.