Buying Ecstasy Canberra
Buying Ecstasy CanberraBuying Ecstasy Canberra
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Buying Ecstasy Canberra
By Tahlia Roy. Topic: Drug Offences. The controversial drug bill was introduced to the ACT Legislative Assembly in early — about one year after the ACT legalised personal use amounts of cannabis. The laws attracted their fair share of opposition , including from the ACT's top cop who slammed the proposal but promised to help implement them. There was even a failed attempt to quash the change in federal parliament. But today the legislation took effect, with the ACT government describing it as a ' health-based approach to drug use'. Possessing small amounts of illicit drugs remains illegal in Canberra. Flickr: Dominic Milton Trott. The change instead means people caught with small amounts of illicit drugs will attract a fine or be pointed towards drug counselling , rather than be handed a criminal penalty. It's been likened to a speeding fine: minor speeding is an illegal activity, but you will generally only get a fine — not a criminal charge — if you are caught. From the outset, the government has said the intention of the laws is to keep low-level drug users or those with addictions out of the criminal justice system and direct them towards support services. Leading harm-minimisation advocate Chris Gough had this to say:. The list of decriminalised drugs includes those used recreationally, such as magic mushrooms and LSD, as well as those associated with the worst social harms: heroin, cocaine and ice. The amount considered to be for 'personal use' depends on which drug someone is caught with. That is determined by the amount of drugs see the above table. But the government has insisted the laws will not make it easier to deal or traffic drugs. In fact, the ACT government said the changes would free up police resources to better target big fish. Either way, police will confiscate the drugs. And if officers catch someone drug driving, they can expect no leniency. It remains illegal for a person to drive with any amount of an illicit substance in their system. The new laws have been widely viewed as yet another piece of progressive policy in the nation's capital. But, just like every other government in Australia, ACT leaders have said they would much prefer no one took any illicit drugs — ever. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. The ACT has today decriminalised small amounts of some illicit drugs. But what does that mean? Does that mean drugs are legal in Canberra? Footer ABC News homepage.
Illicit drugs
Buying Ecstasy Canberra
In the ACT, it is an offence to possess, manufacture, sell, supply, traffic or administer ecstasy. This section covers each of these offences and their maximum penalties, which range from fines of 50 penalty units to life imprisonment, depending on the offence. Ecstasy itself is a street name for 3,4-methylenedioxymethylamphetamine, or MDMA. In the ACT, it is an offence to administer ecstasy to another person, yourself or an animal without being authorised to do so. The offence of administering ecstasy is contained in Section 37 of the Medicines, Poisons and Therapeutic Goods Act It prohibits the administration of a declared substance to another person, yourself; or an animal unless you are authorised to do so. Conviction for this offence can result in a fine of up to penalty units, 1 year imprisonment or both. In the ACT it is an offence to be in possession of ecstasy. The offence of possessing ecstasy is contained in section of the Drugs of Dependence Act which states that a person shall not possess a prohibited substance. Ecstasy is defined as a prohibited substance under section 5 of the Drugs of Dependence Regulation The maximum penalty for this offence is a fine of 50 penalty units, imprisonment for 2 years or both. All of these things need to be proved beyond reasonable doubt in order for you to be found guilty of possessing ecstasy. In order to have custody you must have immediate physical possession of the ecstasy. For example, you have ecstasy in your pocket. In order to have control you must have a right to do something with the ecstasy. For example, you are at a party and you take the ecstasy out of your pocket, place it on the table and walk out onto the balcony to join your friends. At this point you have lost custody of the ecstasy, however you still have control as you have the right to keep, consume or share the ecstasy. In each of these circumstances you must also have knowledge that you had custody or control of the ecstasy. For example, if a friend placed the ecstasy in your bag without you realising, you may have custody of it but you do not have the requisite knowledge to be guilty of the offence. For example, if you are at a music festival with some friends passing a bag of ecstasy pills around and the police arrive, you are in possession of the ecstasy even if it has only just been passed to you. To convict you of possessing ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt:. However, if you possessed ecstasy for the purpose of selling or supplying it to someone else, you will likely be charged with Sale or Supply of Ecstasy. It is an offence in the ACT to sell or supply ecstasy. The offence of sale or supply of ecstasy is contained in Section of the Drugs of Dependence Act which states that a person commits an offence if they:. Ecstasy is defined as a prohibited substance under Section 5 of the Drugs of Dependence Regulation This offence carries a maximum penalty of a fine of penalty units , imprisonment for 5 years or both. To convict you of selling or supplying ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt:. It is an offence in the ACT to traffic ecstasy. The maximum penalty ranges from fines of penalty units to imprisonment for life, depending on the quantity of ecstasy. Trafficking of ecstasy is divided into a number of offences based on the quantity of ecstasy trafficked. These offences are contained in Section of the Code which states that a person commits an offence if they:. The penalties for this offence range from a fine of penalty units to life imprisonment, depending on the quantity of ecstasy trafficked. The specific penalties are set out below. These quantities are set out in Schedule 1 of the Criminal Code Regulation To understand why you may be charged with this offence, it is important to acknowledge the broad definition given to the act of trafficking. If you have done any of the above, you may be charged with trafficking ecstasy. You do not have to prepare, transport, conceal, possess and sell ecstasy in order to be found guilty of this offence. To convict you of trafficking ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt:. In the ACT it is an offence to manufacture ecstasy. The offence of manufacturing ecstasy is contained in Section of the Code which states that a person commits an offence if they manufacture a controlled drug which includes ecstasy. The maximum penalty for this offence is a fine of penalty units , imprisonment for 10 years or both. To understand why you may be charged with this offence, it is important to acknowledge the broad definition given to the act of manufacturing. If you have been involved in any of the above you may be charged with manufacturing ecstasy. It is not necessary for you to have been involved in the manufacture from start to finish, or to have been solely responsible for the manufacture in order to be found guilty. To convict you of manufacturing ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt:. The offence of manufacturing ecstasy for selling is contained in Section of the Code which states that a person commits an offence if they manufacture ecstasy:. If you require legal advice or representation in any legal matter, please contact Armstrong Legal. This article was written by Michelle Makela. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal In , the ACT passed legislation changing its definition of sexual consent to an affirmative consent model and criminalizing the…. These are serious…. In the ACT, a person may be charged with a summary offence or an indictable offence. Summary offences are minor…. Toggle Navigation Family law. Criminal Law. Corporate Crime. Contested Wills. Admin Law. Contact Us. Or have our lawyers call you:. This field is for validation purposes and should be left unchanged. Offences Involving Ecstasy. Administering Ecstasy In the ACT, it is an offence to administer ecstasy to another person, yourself or an animal without being authorised to do so. What The Police Must Prove The prosecution must prove each of the following matters beyond reasonable doubt: that the substance in question is ecstasy; and that you administered the ecstasy to either: another person; or yourself; or an animal; and that you were not authorised to do so. The Offence Of Possessing Ecstasy The offence of possessing ecstasy is contained in section of the Drugs of Dependence Act which states that a person shall not possess a prohibited substance. The prosecution must prove the following beyond reasonable doubt: the substance was in your custody or control; and you knew that you had custody or control of the substance; and the substance was ecstasy. What Actions Might Constitute Possession? Examples of what would NOT constitute possession: You own an apartment that is rented out. The tenants have been found to have ecstasy at the apartment but you were unaware until you were contacted by police. You live in a share house with 3 other housemates. Police find ecstasy in the living room which is a shared space that all 4 of you use regularly. Unless someone makes a statement to police admitting that the drugs are theirs, or implicating someone else, it is likely that no one will be charged because police cannot determine which one of you had custody or control of the ecstasy. You host a party at your house and you know some guests had left a bag of ecstasy pills on your outdoor table. You called them the next day and asked them to collect it but before they get to your house, the police arrive. You tell police that you were waiting for someone to collect it. In this case you have knowledge that the ecstasy is there but you have not laid claim to it and have not done anything to exercise control over it. What The Police Must Prove To convict you of possessing ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt: that you had possession of the substance; and that substance was ecstasy. However, if you possessed ecstasy for the purpose of selling or supplying it to someone else, you will likely be charged with Sale or Supply of Ecstasy Possible Defences For Possessing Ecstasy The common ways to defend this charge are: to maintain your innocence if you did not commit the act; or to argue that you did not have possession of the substance; for example, that you had custody but did not know you had custody of it, as in the example above of the ecstasy placed in your bag without your knowledge; or to argue that the substance was not ecstasy. The Offences Of Selling Or Supplying Ecstasy The offence of sale or supply of ecstasy is contained in Section of the Drugs of Dependence Act which states that a person commits an offence if they: sell or supply a prohibited substance to any person; or participate in the sale or supply of a prohibited substance to any person; or possess a prohibited substance for the purpose of sale or supply to any person. What Is Sale Or Supply? Examples of selling or supplying ecstasy include: You meet up with your supplier before a night out to buy some ecstasy for you and your friends. When you get to the nightclub you find your friends on the dance floor and hand out ecstasy pills to each of them. You are at a house party and take some ecstasy. You tell her you need the money tomorrow and give her an ecstasy pill. You hang around m from the entrance of a music festival where you make a nice profit selling ecstasy pills to festival goers. What The Prosecution Must Prove To convict you of selling or supplying ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt: that you sold or supplied a substance; and that substance was ecstasy. The Offence Of Trafficking In Ecstasy Trafficking of ecstasy is divided into a number of offences based on the quantity of ecstasy trafficked. These offences are contained in Section of the Code which states that a person commits an offence if they: traffic in ecstasy contrary to Section 7 of the Code. What Is Trafficking? Examples of trafficking ecstasy include: You divide ecstasy pills up into zip-lock bags with the intention of giving them to someone else to sell. You know your friend sells ecstasy and you are at his house when he receives a request from a buyer. He asks you to conceal the ecstasy in the back seat of the car and come with him to meet up with the buyer. You hang around m from the entrance of a music festival hoping to sell ecstasy to festival goers as they arrive. What The Prosecution Must Prove To convict you of trafficking ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt: that you trafficked in a substance; and that substance was ecstasy; and that the quantity trafficked was equal to, or greater than, the quantity you are charged with trafficking. The Offence Of Manufacturing Ecstasy The offence of manufacturing ecstasy is contained in Section of the Code which states that a person commits an offence if they manufacture a controlled drug which includes ecstasy. What Is Manufacturing? Examples of manufacturing ecstasy include: You give someone money to purchase one of the precursors, safrole. You direct two men how to set up a lab in the basement of a commercial building you are renting, including how to safely store the solvents and how to properly ventilate the area so the fumes do not fill the basement. You cut the cocaine powder with ephedrine, caffeine and amphetamines. What The Police Must Prove To convict you of manufacturing ecstasy, the prosecution must prove each of the following matters beyond reasonable doubt: that you manufactured a substance; and that substance was ecstasy. However, if you: intended to sell any of it; or believed that someone else intended to sell any of it; or you manufactured a trafficable quantity 10g or more of ecstasy then you will likely be charged with Manufacturing Ecstasy for Selling. Manufacturing Ecstasy For Selling The offence of manufacturing ecstasy for selling is contained in Section of the Code which states that a person commits an offence if they manufacture ecstasy: with the intention of selling any of it; or believing that someone else intends to sell any of it. The penalty for this offence depends on the quantity manufactured and is detailed below. This article was written by Michelle Makela Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Free Legal Resources. Read Article. Summary Offences in the ACT.
Buying Ecstasy Canberra
The ACT has today decriminalised small amounts of some illicit drugs. But what does that mean?
Buying Ecstasy Canberra
Buying Ecstasy Canberra
ACT Health warns of dangerous ecstasy-type 'MDMA' party drug being sold in Canberra
Buying Ecstasy Canberra
Buying Ecstasy Canberra
Buying Ecstasy Canberra
Buying Ecstasy Canberra