What is the offence of possess prohibited drug?

A person is guilty of this offence where he or she has a prohibited drug in their possession.  A prohibited drug is defined by Schedule 1 of the Act.

Possession is defined as intentionally having exclusive physical custody or control of the prohibited drug. It need not be ownership; rather possession is where a person has the right to exclude other people from what is being possessed. This may be temporary or permanent.

For example, having prohibited drugs at your residence on behalf of another person may be regarded as drug possession.

However, if someone has slipped something into your suitcase, it is not possession if you are unaware that it is in your control or custody.

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