Drug Offences.

Drug related charges, particularly supply and trafficking, can have serious consequences, including actual time in custody. For lesser possess charges, there are often rehabilitation and deferral options.

If you are being investigated or have been charged, speak to our drug offences lawyers in Brisbane today for a confidential discussion about your options.

POSSESSING & SIMPLE OFFENDING:

Includes having drugs on you, in your bag, your car and even in your house.

Although there is a focus on rehabilitation when it comes to drug offending in Queensland, the penalties for possession can be serious depending on quantity and type of drugs.

Possession is a broadly defined in the Act and can include having drugs found on you, in your bag, in your house or even in the car you are driving.

Prosecutors have to show that you knowingly had the drugs in your possession and without a lawful excuse (such as not having a prescription).

DRUG DIVERSION PROGRAMS:

Diversion Programs are available for eligible people who identify drug and/or alcohol use as a contributing factor to their offending.

The programs provide education and information through a 60 - 90 minute session about the harmful use of drugs and/or alcohol so you can better understand the relationship between your substance use and offending. Sessions are available in person, or by phone.

If you are eligible and participate, the charges you are referred for will not appear on your Criminal History.

SUPPLYING AND TRAFFICKING:

Supply also includes doing things to help the supply.

Trafficking is the commercial trade of a relevant dangerous drug.

SUPPLYING DANGEROUS DRUGS:

Supply includes giving, selling, administering, transporting a dangerous drug, or even offering to do any of those things. Supply also includes doing things to help the supply, such as weighing, dividing and packaging.

Possible defences include an honest and reasonable mistake, such as a genuine belief that the drug were a lawful item and not a dangerous drug.

Most minor offences involving small amounts may be heard in the Magistrates Court, but serious offences, usually involving large quantities, can be heard in the District or Supreme Courts. See tables below for maximum penalties.

TRAFFICKING DANGEROUS DRUGS:

The difference between supplying and trafficking in Queensland is that the person is 'carrying on a business' of supplying drugs for commercial gain.

Police consider factors such as quantity of the drug, number of supplies, a supply chain, business records and communications.

A trafficking sentence is likely to result in a prison sentence with actual custody. The sentence will influenced by the type, quantity and value of the drugs, the period of the trafficking, and value of the enterprise.

WHAT IF I'M BEING INVESTIGATED FOR A DRUG OFFENCE?

Seek legal advice before attending any interview with police.

If you have been arrested, you may be asked to give an interview to tell your side of the story. You should speak to a lawyer first and do not talk about the allegations without your lawyer present.

You should not make any statement or comments, even "off the record" or in general conversation with police. The job of police is to collect evidence against you, not to "just clear things up".

DRUG SEARCH WARRANTS:

During a drug search warrant in Queensland, police can search a person, their vehicle, or residence, and seize property that is evidence of a crime or illegal drugs. The warrant outlines the scope of the search and the items police can look for.

If you are present during the search, you are required to co-operate and may be asked to give your property to the police, which will be returned if you are released.

Police must respect your dignity and minimise embarrassment during a search.

You will be allowed to make a phone call. You should seek legal advice about the search if you have any questions about your rights, or if you are arrested.