A conviction for a drug offence is a serious matter.  The consequences of possessing a dangerous drug (even a small amount) may be severe and include imprisonment. A conviction may also negatively impact upon your employment, travel, education and ability to obtain finance.

 

What are dangerous drugs?

 

The Drugs Misuse Act categorises drugs as Schedule 1 or 2.  A Schedule 1 drug is the most serious categorisation.  Examples of Schedule 1 drugs include Cocaine, Heroin, Amphetamine, MDMA/Ecstacy and Steroids.

 

Schedule 2 drugs include cannabis, LSD, morphine and diazepam, and are considered to be less serious than Schedule 1 drugs.

 

What are the possible defences if I’m charged with drug possession?

 

The legal concept of possession involves two elements, knowledge of the drug and control of the drug.

 

To be convicted of a charge of possessing dangerous drugs, the police must show beyond a reasonable doubt that the accused person had both knowledge and control of the drugs in question.

 

There are a number of legal defences to a charge of possessing dangerous drugs.  These include:

 

• that the drug in question was not a "dangerous drug";

• mistaken identity;

• duress - that the accused person was not acting of their own free will;

• honest, reasonable and mistaken belief;

• necessity; and

• that the evidence is insufficient to prove that possession of dangerous drugs occurred, or was about to occur.

 

What is my likely penalty for this offence?

 

The penalties for possessing a dangerous drug and very broad and range from drug division or a fine up to and including imprisonment.

 

The maximum penalty for aggravated possession of a Schedule 1 drug is 25 years imprisonment.

 

There are many factors that influence the level of sentence imposed by the courts.  Some of these are:-

 

• the quality and quantity of the drug in question; 

• whether the possession was for a commercial purpose or for personal use; 

• the purpose of the possession; and

• the personal circumstances of the accused person.

 

If you or someone you know has been charged with possessing a dangerous drug, contact a Queensland Drug Lawyer today.  We will discuss all possible defences to the charge and provide you with advice about the likely penalty in your case.

 

Do I need a lawyer?

 

Drug related charges may have serious negative consequences for your life, including employment, travel, insurance and finance.  

 

Our lawyers have defended many people charged with possessing dangerous drugs.  We can assist you by:

 

• Advising on your prospects of contesting a charge;

• Guiding you through the court process;

• Negotiating with the prosecution;

• Suggesting ways to reduce penalty and the impact on your future;

• Reducing some of your stress by answering the difficult questions; and

• Appearing for you in court.

 

Contact one of our Queensland Drug Lawyers today to get some initial advice about your matter. We will make a stand for you.