Possessing a Dangerous Drug

If you are caught with an illegal drug in your possession, you may be charged with possessing a dangerous drug. Dangerous drugs are categorised in different schedules and the type and quantity of the drug you possess, will determine the penalty which you receive. Possessing a dangerous drug can carry serious consequences and you should always seek legal advice if you are charged with a drug offence.

Some examples of common dangerous drugs include:-

1. Cocaine;

2. Heroin;

3. Amphetamine;

4. Methylamphetamine (ice);

5. Methylenedioxymethamphetamine (MDMA);

6. Cannabis; and

7. Various steroids.

If a drug is not in your physical possession, you can still be charged with possession of a dangerous drug. If the Police can prove that you had knowledge and control of the drug, you may be charged with possessing a dangerous drug.

Which Court will hear my matter?

Charges for possessing dangerous drugs can be finalised in the Magistrates, District or Supreme Court. The type and quantity of the dangerous drug alleged to be in your possession will determine which Court will deal with your matter. It is also relevant whether the possession was for person or commercial purposes.

What is the maximum penalty?

The maximum penalty depends on the type of drug (i.e. Schedule 1 or Schedule 2), the quantity of the drug and whether you were drug dependent. The maximum period of imprisonment ranges from between 15 years and 25 years imprisonment.

It is an aggravating feature of possessing a dangerous drug if you had the drug in your possession for a commercial purpose (i.e. with an intention of selling the drug) or if you possessed a commercial quantity of the drug (i.e. a quantity that was not for personal use).

If you are charged with possessing a dangerous drug, you should seek legal advice immediately.

Producing Dangerous Drugs

If you manufacture or cultivate a dangerous drug, you may be charged with producing a dangerous drug. Producing a dangerous drug can carry serious consequences and you should always seek legal advice if you are charged with a drug offence. The type of dangerous drug and the quantity you have produced will determine the penalty that you receive.

‘Producing’ is broadly defined, but includes:-

1. Manufacturing dangerous drugs;

2. Preparing dangerous drugs;

3. Cultivating dangerous drugs; or

4. Packaging dangerous drugs.

Which Court will hear my matter?

Charges for producing dangerous drugs will be dealt with in the Magistrates, District or the Supreme Court. This is dependant on the type of dangerous drug you are charged with producing.

What is the maximum penalty?

The maximum penalty for producing dangerous drugs will vary depending on the type of dangerous drug and the quantity you are accused of producing. The maximum penalty ranges from 15 years imprisonment to 25 years imprisonment.

If you are charged with producing a dangerous drug, you should seek legal advice immediately.

Supply Dangerous Drugs

If you supply a dangerous drug to another, you may be charged with supplying a dangerous drug. Supplying a dangerous drug can carry serious consequences and you should seek legal advice if you are charged with supplying dangerous drugs as the consequences for you can be serious.

Supplying a dangerous drug means:-

1. Selling a dangerous drug;

2. Distributing a dangerous drug; and

3. Giving a dangerous drug to another person or persons.

If you offer to supply a dangerous drug to someone, you may be charged with attempting to supply a dangerous drug. If you share a dangerous drug with a friend, you may be charged with supplying it to them.

Which Court will hear my matter?

If you are charged with supplying a dangerous drug, the matter may be dealt with in the Magistrates Court, District Court, or Supreme Court. The type of drug and whether there are any circumstances that aggravate the offending will determine which court will deal with your matter.

What is the maximum penalty?

The maximum penalty for supplying dangerous drugs will vary depending on the type of dangerous drug and the quantity you are accused of supplying. Some circumstances will aggravate the offending and increase your penalty, for example, supplying to a child. The maximum penalty ranges from 15 years imprisonment to life imprisonment.

If you are charged with supplying a dangerous drug, you should seek legal advice immediately.

Trafficking Dangerous Drugs

If you are engaged in carrying on a business by selling drugs, you may be charged with trafficking. Trafficking is an extremely serious offence and will usually always attract a period of imprisonment. If you are charged with trafficking dangerous drugs, you should seek legal advice at your earliest opportunity.

In order to be charged with trafficking in dangerous drugs, the Prosecution must usually prove that you undertook multiple transactions unless it can be proven that you intended to conduct further transactions. It is not essential for the Prosecution to prove that you have profited from trafficking in dangerous drugs. However, the amount of any profit will usually become a relevant factor in determining your sentence.

Which Court will hear my matter?

If you are charged with trafficking in dangerous drugs, your matter will be dealt with in either the District or the Supreme Court. The Court jurisdiction will be dependant on the schedule of drug you have been charged trafficking in.

What is the maximum penalty?

The maximum penalty for trafficking in dangerous drugs will be dependent on the type of drug and if any aggravating factors are applicable in your situation. The maximum penalty ranges from 20 years imprisonment to 25 years imprisonment.

If you are charged with trafficking dangerous drugs, you should seek legal advice immediately.

Possession of Utensils and Things

If you possess a utensil or thing that you use to administer or take a dangerous drug, you may be charged with an offence. Some examples include a water pipe that you use to smoke methylamphetamine (ice) or a bong that you use to smoke cannabis.

Which Court will hear my matter?

If you are charged with possessing a drug utensil, your matter will be heard in the Magistrates Court.

What is the maximum penalty?

The maximum penalty for possessing a drug utensil is two years imprisonment.

If you are charged with possessing a drug utensil, you should seek legal advice immediately.

Possession of Property

If you possess property suspected to have been used, or intended to be used, in connection with a drug offence against the Drugs Misuse Act 1986 (Qld) you may be charged with an offence. This offence is quite broad and includes items such as a syringe, a grinder or a set of scales.

It is not essential that the Prosecution prove that the property was used for a drug offence. You will be convicted of the offence if you:-

1. Acquired the property for the purpose of committing a drug offence;

2. Used the property in connection with the commission of a drug offence;

3. Intended to use the property in committing a drug offence; or

4. The property was proceeds of a drug offence.

If you are able to prove that the property was in your possession for a lawful reason, and not used in connection with a drug offence, you will be able to defend this charge.

If you are convicted of possession of property, the Prosecutor may make an application for your property to be forfeited to the Crown. You should seek legal advice prior to pleading guilty to this offence.

Which Court will hear my matter?

If you are charged with possession of property, your matter will usually be heard in the Magistrates Court.

What is the maximum penalty?

The maximum penalty for possession of property depends on the type of property in your possession. The maximum penalty ranged from 2 years imprisonment to 15 years imprisonment.

If you are charged with possession of property, you should seek legal advice immediately.