(1) Subject to any regulations under section 10, it shall not be lawful for a person to have a controlled drug in his or her possession.
(2) Subject to subsection (5) and to section 40, it is an offence for a person to have a controlled drug in his or her possession in contravention of subsection (1).
(3) Subject to section 40, it is an offence for a person to have a controlled drug in his or her possession whether lawfully or not, with intent to supply it to another in contravention of section 6(1).
(4) Subject to subsection (1) a person found in possession of the following controlled drugs in quantities of more than—
(a) 2 grammes of diacetylmorphine (heroin);
(b) one gramme of cocaine;
(c) 55 grammes of opium;
(d) 3 grammes of morphine; or
(e) 30 grammes of cannabis or cannabis resin, (Amended by Act 13 of 2021)
is in possession of such controlled drug for the purpose of supplying it to another or for drug trafficking in contravention of section 6(1) unless the contrary is proved, the burden of proof being on the accused.
(5) In any proceedings for an offence under subsection (2) in which it is proved that the accused had a controlled drug in his or her possession, it shall be a defence for him or her to prove—
(a) that, knowing or suspecting it to be a controlled drug, he or she took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug, and that, as soon as possible after taking possession of it, he or she took all the steps that were reasonably open to him or her to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or
(b) that, knowing or suspecting it to be a controlled drug, he or she took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he or she took all such steps as were reasonably open to him or her to deliver it into the custody of such a person.
(6) Subsection (5) applies in the case of proceedings for an offence under section 29 consisting of an attempt to commit an offence under subsection (2) as it applies in the case of proceedings for an offence under subsection (2), subject to the following modifications, that is to say—
(a) for the references to the accused having in his or her possession, and to his or her taking possession of, a controlled drug there shall be substituted respectively references to his or her attempting to get, and to his or her attempting to take, possession of such a drug; and
(b) in paragraphs (a) and (b) the words from “and that as soon as possible” onwards shall be omitted.
(7) Subsection (5) or (6) shall not prejudice any other defence which is open to a person charged with an offence under this section.