Which actions could be defences to a drug possession charge under the act?

• A. Possession with intent to supply
• B. Transfer to another person for personal use only
• C. Transfer to another person, offering to supply, being concerned in the supply
• D. Drug supply is never a defense

Answer: (C)

In drug offences, possession and supply are treated as separate offences, so showing involvement in supply can change the charge away from simple possession. If the facts show you transferred drugs to another person, offered to supply, or were otherwise involved in the supply, that indicates you were not acting merely as a person who has drugs for personal use. Those actions align with supply offences (transfer, offering to supply, being concerned in the supply) and can lead to a different charge rather than a straightforward possession charge, effectively serving as a defence to possession when the conduct fits the supply framework.

Possession with intent to supply is itself a different offence, not a defence to possession; it demonstrates a more serious charge rather than negating possession. Transferring to someone for personal use could be relevant, but it doesn’t as clearly demonstrate involvement in supplying, so it’s less definitive. The statement that drug supply is never a defense is incorrect because being involved in supply changes the applicable offence, which can remove or rebut a simple possession charge.