What the Prosecution Needs to Prove

To secure a conviction for possession of a prescription drug, the prosecution must establish beyond a reasonable doubt that:

1. The accused was in possession of a prescription drug – This means they had physical custody or control of the substance.
2. The drug is classified as a prescription drug under the law – The drug must be one that requires a prescription under South Australian regulations.
3. The accused did not have a lawful excuse – A person can only possess a prescription drug if:
   
   • It was lawfully prescribed to them or someone they are caring for.
   • They are an authorised person (such as a doctor, pharmacist, or licensed medical professional).
   • They have another reasonable excuse (e.g., legally transporting the medication for an authorised person).

The Relevant Court

Charges for possession of a prescription drug are usually heard in the Magistrates Court of South Australia, as they are considered summary offences. However, if the charge is linked to other serious drug-related offences, it may be escalated to the District Court.

What Defences are Available

If charged with this offence, possible defences include:

• Lawful possession – If the medication was legally prescribed or supplied.
• Lack of knowledge – If the accused was unaware they had possession of the prescription drug.
• Lack of control – If the accused had no control over the substance (e.g., it was in someone else’s bag or vehicle).
• Unlawful search or improper police procedure – If the police acted unlawfully in obtaining the evidence, it may be excluded from the case.

Maximum Penalties for the Offence

A person convicted of unlawfully possessing a prescription drug faces a maximum penalty of:

• $10,000 fine or
• Up  to 2 years’ imprisonment, or both.