What is ‘entering or being on a drug premises’?

This is where a person is charged on the basis that they have been found to be entering or leaving a drug premises, without a lawful purpose or excuse.

Police will usually charge a person with this offence after a surveillance of a property reveals that a person has attended the premises regularly, and at times that warrant suspicion. For example, suspicion may be aroused where a person regularly arrives at the property in the morning and leaves at night.

What is a drug premises?

The term, ‘drug premises’ is defined in s 36TA of the Act as:

  1. the unlawful supply or manufacture of prohibited drugs, or
  2. the unlawful commercial cultivation of prohibited plants by enhanced indoor means.

Commercial cultivation is defined as:

  • > 50 cannabis plants; or
  • At least 5 but < 50 cannabis plants if supply is intended.

A “prohibited drug” for the purpose of this offence does not include cannabis leaf, oil or resin.

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