Defences Available against Unlawful Possession of Drugs

Where the knowledge of such possession exists:
Possession of the drug was taken to prevent another person from committing the offence and necessary steps were taken immediately to either destroy the drug or to deliver such drugs into the lawful custody of authorised personnel.

This defence when simplified means that a person had taken the possession of drugs within their custody with the sole purpose of stopping another person from committing the crime of either consuming such drugs, distributing them or using them for any illegal purposes.

For example. If a mother snatches a bag of drugs from her son so that he does not consume them and takes such drugs into the custody of a police officer, such drugs that come within her possession does not hold her liable for the crime. Since she had no intention of holding the possession of such drugs and only intended to leave them in the lawful custody of an authorised person. The possession was taken solely to deliver such drugs into the lawful custody of an authorised person.

Similar to the above situation herein a drug is in the possession of a person for the sole purpose of taking it into the custody of an authorised person to have the custody of such drugs e.g. a police officer; such a person is not liable for the crime of drug possession.
E.g. A person found a bag of illegal drugs on a bus stand and took it with him to deliver it to the police station to prevent unauthorised use, he cannot be held liable for the crime of drug possession.

Where the knowledge of such possession does not exist:

1. You cannot be held liable for the offence of possession of drugs if you were unaware of the fact that such controlled drugs were in your possession nor did you suspect or have any knowledge concerning its existence. You cannot have something you did not know existed in the first place. E.g., such drugs were planted in your car without your knowledge.
2. If you did not have the knowledge or any reason to suspect or believe that such drug in your possession was a controlled drug. E.g. you are carrying a package in which for good reason you believe to contain candies, however, somebody replaced it with drugs, you cannot be held liable since you did not know.

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