48Possession of narcotic substances, &c.

### 48 Possession of narcotic substances, &c. > > (1)  [*\[Section 48 Subsection (1) amended by No. 7 of 2012, s. 12, Applied:01 Jul 2012\]*](/view/html/inforce/2012-07-01/act-2012-007#GS12@Hpa@EN) *\[Section 48 Subsection (1) substituted by No. 27 of 1984, s. 21 \]**\[Section 48 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*Subject to [subsection (2)](#GS48@Gs2@EN) and [subsection (2A)](#GS48@Gs2A@EN) , a person must not have a raw narcotic or narcotic substance in his possession, unless– > > > > > > (a) [*\[Section 48 Subsection (1) amended by No. 15 of 2017, s. 23, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS23@Hpa@EN) [*\[Section 48 Subsection (1) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS36@Hpa@EN) the person is, or is acting as the employee of and under the direction of, a licensed manufacturing chemist, licensed wholesale chemist, pharmacist, medical practitioner, dentist, authorised health professional or veterinary surgeon engaged in the lawful practice of his business or profession as such; > > > > > > > (ab) [*\[Section 48 Subsection (1) amended by No. 78 of 2007, s. 11, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-078#GS11@Hpa@EN) the person is an authorised nurse practitioner acting in accordance with an authorisation conferred on him or her under [section 25B](#GS25B@EN) ; or > > > > > > > (b) [*\[Section 48 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja53@GC8@Hpa@EN) [*\[Section 48 Subsection (1) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS36@Hpb@EN) the person is a registered nurse or midwife acting in accordance with an authorisation conferred under [section 25A](#GS25A@EN) ; or > > > > > > > (c) [*\[Section 48 Subsection (1) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS36@Hpc@EN) the person is acting in accordance with an authorisation conferred by the regulations. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2)  *\[Section 48 Subsection (2) amended by No. 27 of 1984, s. 21 \]*Nothing in [subsection (1)](#GS48@Gs1@EN) prohibits – > > > > > > (a) the keeping or using of a raw narcotic or narcotic substance in a prescribed institution in accordance with the directions of the person in charge of that institution; > > > > > > > (b) [*\[Section 48 Subsection (2) amended by No. 15 of 2017, s. 23, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS23@Hpb@EN) [*\[Section 48 Subsection (2) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS36@Hpd@EN) the possession by a person of a raw narcotic or narcotic substance supplied by a medical practitioner, dentist, pharmacist, authorised health professional or veterinary surgeon to him or for some person who is a member of his family or his household or of whom he has the care, custody, or control; > > > > > > > (ba) [*\[Section 48 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja53@GC8@Hpb@EN) [*\[Section 48 Subsection (2) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS36@Hpe@EN) the possession by a person of a narcotic substance supplied by a registered nurse or midwife, in accordance with an authorisation conferred by [section 25A](#GS25A@EN) , to him or for some person who is a member of his family or his household or of whom he has the care, custody, or control; or > > > > > > > (baa) [*\[Section 48 Subsection (2) amended by No. 78 of 2007, s. 11, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-078#GS11@Hpb@EN) the possession by a person of a narcotic substance supplied by an authorised nurse practitioner, in accordance with an authorisation under [section 25B](#GS25B@EN) , to him or her or to some person who is a member of his or her family or his or her household or of whom he or she has the care, custody or control; or > > > > > > > (c) the possession, keeping, or use of a raw narcotic or narcotic substance in accordance with the regulations made under [section 59](#GS59@EN) [(1)](#GS59@Gs1@EN) [(i)](#GS59@Gs1@Hpi@EN) . > > > (2A)  [*\[Section 48 Subsection (2A) inserted by No. 7 of 2012, s. 12, Applied:01 Jul 2012\]*](/view/html/inforce/2012-07-01/act-2012-007#GS12@Hpb@EN) [*\[Section 48 Subsection (2A) amended by No. 15 of 2017, s. 23, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS23@Hpc@EN) [*\[Section 48 Subsection (2A) substituted by No. 26 of 2025, s. 11, Applied:16 Feb 2026\]*](/view/html/inforce/2026-02-16/act-2025-026#GS11@EN) A person may have in the person’s possession a raw narcotic or narcotic substance if the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of the person’s immediate family. > > > (2B)  [*\[Section 48 Subsection (2B) inserted by No. 15 of 2017, s. 23, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS23@Hpd@EN) A person may have in his or her possession a raw narcotic or narcotic substance if – > > > > > > (a) the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another country for the use of the person or a member of his or her immediate family; and > > > > > > > (b) the raw narcotic or narcotic substance was declared on entry to Australia; and > > > > > > > (c) the person brought the raw narcotic or narcotic substance lawfully into this State with them, either on their person or in their luggage. > > > (2C)  [*\[Section 48 Subsection (2C) inserted by No. 15 of 2019, Sched. 1, Applied:28 Jun 2019\]*](/view/html/inforce/2019-06-28/act-2019-015#JS1@Ja5@GC4@EN) A person is not guilty of an offence against [subsection (1)](#GS48@Gs1@EN) if the person is the holder of a permit, licence or authority in force under this Act and is acting in accordance with the terms and conditions of that permit, licence or authority. > > > (2D)  [*\[Section 48 Subsection (2D) inserted by No. 21 of 2021, s. 9, Applied:17 Dec 2021\]*](/view/html/inforce/2021-12-17/act-2021-021#GS9@EN) A person is not guilty of an offence against [subsection (1)](#GS48@Gs1@EN) if – > > > > > > (a) the possession by the person of the raw narcotic or narcotic substance is authorised under an emergency order; and > > > > > > > (b) that person is acting in accordance with the emergency order. > > > (2E)  [*\[Section 48 Subsection (2E) inserted by No. 26 of 2025, s. 12, Applied:16 Feb 2026\]*](/view/html/inforce/2026-02-16/act-2025-026#GS12@EN) For the purposes of [section 6A of the](/view/html/inforce/2026-04-12/act-1970-077#GS6A@EN) [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) , a raw narcotic or narcotic substance in respect of which [subsection (2A)](#GS48@Gs2A@EN) applies is taken to have been obtained in accordance with this Act. > > > (3)  In this section, ***prescribed institution*** means – > > > > > > (a) a public institution; or > > > > > > > (b) any other institution or establishment that is for the time being approved by the Minister, in writing, for the purposes of this section.