1. Is it a possession if the drug has already been consumed?
No, the offence of possession of a dangerous drug requires an accused being in physical possession, or exercise physical custody or control of the dangerous drugs. Once a dangerous drug has been consumed, whether by way of ingestion or other method such as burning, it is no longer in physical existence. However, containers that held, or apparatus used to consume, the dangerous drugs may still contain trace amount of the dangerous drugs. Possession of dangerous drugs, even trace amount, can still be prosecuted.
Furthermore, under section 8 of the Dangerous Drugs Ordinance, smoke, inhale, ingest, or inject a dangerous drug is an offence with a maximum penalty of $100,000 fine and 3 years of imprisonment on summary conviction, $1,000,000 fine and 7 years of imprisonment if convicted on indictment.
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