In Australia is it illegal to consume drugs, or only to possess them?
<p>Specifically in Sydney. I’m wondering if it’s also illegal to be “high”, or if it is only illegal to “possess” prohibited substances?</p>

<p>Clearly hopping on the darkweb and ordering an ounce of green or a sheet of blotters would be possession, and therefore illegal. 
Whereas if a third party offers me a choof on a jay, or a cap of molly, or a tab of acid, am I within my legal rights to accept and enjoy myself? Or is it a crime even to be under the influence of these substances at all?</p>

<p>Similarly, while it is illegal to sell these substances, is it illegal to purchase them in small quantities for immediate use (for example buying a pinger at a rave and immediately dropping and rolling)? Again I’m talking Sydney NSW.</p>

<p>In short: is it also a crime to use prohibited substances, or only a crime to possess them? What about purchasing and immediately consuming (which would seem to me to fit the definition of “using” but not “possessing” contraband substance, and therefore might be legal)</p>

<p>The relevant provision is <a href="http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/dmata1985256/s10.html" rel="nofollow noreferrer">s10(a)</a> of the <em>Drug Misuse and Traffic Act 1985</em>:</p>

<blockquote>
  <p>A person who has a prohibited drug in his or her possession is guilty of an offence.</p>
</blockquote>

<p>There are a number of exemptions under s10(b) but let’s assume they don’t apply.</p>

<p>So, if you can come up with a way to get the effect of a drug without ever possessing it you’re good to go. But you can’t - having it inside your bloodstream is possessing it.</p>

criminal-law australia medical-marijuana