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Caught with drugs?

Drug offences are taken very seriously in Queensland and carry heavy penalties such as imprisonment and fines. Further, if a conviction is recorded this can have huge repercussions for your future. Therefore, it is essential that you receive sound legal advice and representation for any charges you are facing.

What drug offences can I be charged with?

In Queensland, drug offences are governed by the Drugs Misuse Act 1986, which contains a range of offences and it is common to be charged with more than one offence.

Possession of a dangerous drug

You can be charged with possession of a dangerous drug in Queensland even if you do not own it or use it. This means that if there are drugs in your house, even if they do not belong to you, you can be charged with possession.

Supply of a dangerous drug

A charge for supplying dangerous drugs covers a wide range of circumstances and may include any form of gifting, distributing, administering; selling, supplying or transporting drugs.

In addition, it also includes offering to do any of the above or offering to do or doing anything in preparation for any of the above. The charge of supply is aggravated, and therefore the penalties are more severe, if you are an adult and you: supply drugs to a minor, supply drugs to a person who has an intellectual impairment, supply drugs within and educational institution or correctional facility or supply drugs and the person they are being supplied to is not aware that he or she is being supplied with drugs.

Drug trafficking

Drug trafficking is similar to the charge of supplying dangerous drugs, however it is much more serious and carries heavier penalties. A person will be charged with trafficking dangerous drugs if the supply is considered to be of a commercial nature. Generally, this will be because of the quantity of the drug supplied, the number of acts of supply or if the supply appears to be in the form of an organised organisation.

Producing a dangerous drug

A person will be charged with producing a dangerous drug if they are found guilty of producing, growing, manufacturing, packaging or preparing drugs.

Possession of items in association with or suspected to be in association with a drug offence

There are a number of items which may result in a charge of possession of an item and this can include any item that is deemed to have been used to take, produce or supply drugs. This can involve a wide range of items such as bongs, pipes, syringes or needles, scales, zip lock bags and agricultural equipment.

What is the difference between schedule 1 and schedule 2 drugs?

The legislation provides different penalties for offences depending on whether the drugs concerned are classified as schedule 1 or schedule 2.

Schedule 1 drugs generally carry heavier penalties and are separated into two parts. Schedule 1, Part 2 drugs include all anabolic and androgenic steroids and Schedule 1, Part 1 drugs include drugs such as heroin, cocaine, amphetamines, ice or crystal meth, angel dust, LSD and ecstasy or MDMA.

Schedule 2 drugs commonly carry lesser penalties and include drugs such as marijuana or cannabis, morphine, pethidine; and ketamine.

This list is not extensive and while schedule 2 drugs generally carry lower penalties than schedule 1, the penalties also largely relate to the quantity of the drug in question. For this reason, it is crucial to speak to a lawyer about what penalties you may face taking into account the specific drugs and quantities.

What penalties can I face?

Due to the wide range of offences for drugs, there are a wide range of corresponding penalties. These range from lengthy prison sentences to hefty fines, depending on the circumstances surrounding the offence and your criminal history. Things the Court will take into account include the quantity of drugs, the type of drugs and any other information relevant to the offence. The Court will also take into account information relevant to your character and it is essential that all relevant information is presented to the Judge appropriately.

Due to the severity of penalties for drug offences in Queensland and the likelihood of having a criminal conviction recorded against your name, it is crucial that you have both adequate advice concerning your charges and representation for your court date. Our team at GC Crime Lawyers understands that everyone makes mistakes and we will work to get you the best outcome possible with the lowest penalties and in many occasions we are even able to get no conviction recorded. If you have been charged with any drug offence contact us on 1300 127 463 to discuss your circumstances with an experienced lawyer today.