Poisons Act 1971
48Possession of narcotic substances, &c.
Start here
Get a plain-English read of 48
Turn the raw legal text into a practical explanation grounded in Poisons Act 1971.
48 Possession of narcotic substances, &c.
(1) [Section 48 Subsection (1) amended by No. 7 of 2012, s. 12, Applied:01 Jul 2012] *[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) and subsection (2A) , 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] [Section 48 Subsection (1) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022] 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] the person is an authorised nurse practitioner acting in accordance with an authorisation conferred on him or her under section 25B ; or
(b) [Section 48 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 48 Subsection (1) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022] the person is a registered nurse or midwife acting in accordance with an authorisation conferred under section 25A ; or
(c) [Section 48 Subsection (1) amended by No. 23 of 2022, s. 36, Applied:24 Oct 2022] 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 prohibits –