In Western Australia, the Misuse of Drugs Act 1981 legislates to control the use of prohibited drugs and plants.
There are very long lists in the Misuse of Drugs Act and Poisons Act 1964 which tell us what is a prohibited drug or plant.
Commonly known prohibited drugs include:
Commonly known prohibited plants include:
New laws now make it illegal to manufacture, sell or supply or promote a psychoactive substance. A ‘psychoactive substance’ is any substance that when taken has the effect of causing hallucinations or change to thinking, behaviour, perception, awareness or mood or motor function or the effect of causing dependency. This means that manufacturing, selling or supplying any drug that is designed to mimic an illegal drug (e.g. synthetic cocaine, bath salts, party pills, synthetic cannabis) is now an offence.
It is illegal to:
Drug paraphernalia is anything that is used in connection with manufacturing, preparing or smoking a prohibited drug or plant, e.g. bongs, pipes, scales, syringes.
It is an offence to:
There are legislative controls on the possession, sale and supply of chemicals and apparatus that are required to produce amphetamines and other drugs. These chemicals and apparatus are listed in the Misuse of Drugs regulations.
It is an offence to be in possession of any Category 1 or Category 2 item without a lawful excuse.
A Cannabis Intervention Requirement requires you to complete drug counselling sessions. If you complete all that is required of you under this Requirement, then you will not have to attend court and ultimately get a drug conviction.
The penalties for drug offences vary depending on the seriousness and whether you are under the age of 18 or an adult. You will need to get legal advice about your particular situation.
The penalties for drug charges vary depending on the seriousness of the offence and whether you are under the age of 18 or an adult. You will need to get legal advice about your particular situation.
Please note: Laws are subject to change. Last updated November 2015.
Important: This general information is not the same as legal advice. You should speak with a lawyer about your situation. The information is based on a Western Australian context.