Drug Offences

Facing Drug Offence Charges? Let Us Help you

In Queensland, charges relating to the possession, supply, production or trafficking of a ‘dangerous drug’ can be very serious. The definition of a ‘dangerous drug’ is set out in The Drugs Misuse Act 1986 (Qld) and the Drugs Misuse Regulation 1987 (Qld). These acts classify drugs under certain categories. ‘Hard’ drugs are dealt with under Schedule 1, and often incur higher penalties than Schedule 2 drugs.

Drugs Captured under Schedule 1 include:

  • Heroin
  • Amphetamine
  • Cocaine
  • 3,4-Methylenedioxymethamphetamine (MDMA)
  • Lysergide (LSD)
  • Methamphetamine (Ice)

Drugs Captured under Schedule 2 include:

  • Cannabis
  • Morphine
  • Diazepam (Valium)
  • Ketamine

Substances that have a chemical structure, or pharmacological effect substantially similar to dangerous drugs captured under Schedules 1 or 2 are also considered dangerous drugs under the act. These substances are commonly referred to as synthetic drugs.

Possession

Section 9 of the Drug Misuse Act 1986 states that “A person who unlawfully has possession of a dangerous drug is guilty of a crime.” In order to prove possession, the prosecution must establish that you had both “knowledge” and “control” over the drug. This means that you can be charged with possession if you have the ability physically control the drug at any time, regardless of whether you have it on your person.

The penalty for possession will vary depending on the Schedule of the dangerous drug as well as the quantity of the drug. Quantities are dealt with under Schedules 3 & 4 of the Drug Misuse Act. The court will also take into consideration a number of factors during sentences such as:

  • Previous criminal history
  • Drug/alcohol addiction
  • Evidence of rehabilitation
  • Evidence of “good character”
  • Timeliness of a guilty plea
  • Mental illness

A drug conviction can have a serious impact on your future and may prevent you from travelling overseas or gaining employment. In this regard, our team at Kroesen & Co. can; advise you on your prospects of contesting the charge, assist you with the legal process and appear for you in court. We can also make submissions to the court to maximise your chances of having no conviction recorded against your name. If you have any further questions do not hesitate to contact us directly.

Possession of Utensils

Section 10(2)(a) of the Drugs Misuse Act (Qld) makes it illegal for a person to possess anything ‘in connection with the administration, consumption or smoking of a dangerous drug.’ The most common items captured under this section include; bongs, water pipes, scales and even bowls or zip lock bags. While these charges are generally coupled with possession charges, contravening this section alone carries a maximum penalty of up to 2 years’ imprisonment.

Section (4A) of the act also makes it an offence for a person to have in their possession, or fail to dispose of, a hypodermic syringe or needle that has been used in connection with the administration of a dangerous drug. This offense also carries a maximum penalty of up to 2 years’ imprisonment.

Supplying dangerous drugs

In accordance with section 6(1) of the Drugs Misuse Act (Qld), ‘A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.’ The supply of a dangerous drug is an indictable offense and will be heard in the District or Supreme Court.

  • The penalty for supply will vary depending on the Schedule and quantity of the dangerous drug as well as if there are any circumstances of aggravation. For example:
  • The supply of a schedule 1 drug to a minor under 16 years carries a maximum penalty of life
  • The supply of a schedule 1 drug to a minor over 16 years, an intellectually impaired person, carries a maximum penalty of life
  • Evidence of rehabilitation
  • Evidence of “good character”
  • Timeliness of a guilty plea

Our experienced team at Kroesen & Co. can advise you on your prospects of contesting the charge, assist you with the legal process and appear for you in court. If you have any further questions do not hesitate to contact us directly.