t is unlawful to have a controlled drug in your possession unless you have authorisation in the form of a licence, for example a prescription, or if you did not know the substance was a controlled drug.
Elements to be proven
The substance is in the possession or under the control of the individual.
The substance must be in an individual’s physical custody or under their control. This can include being at the property of someone who is not present but has control over that property.
The individual knows the ‘thing exists’.
Essentially, a person must know of the existence of the substance and they must know that the substance is a controlled drug.