The Queensland Police Drug Diversion Program was established in 2001.  It is intended to be a positive approach to encourage people and offer access to a professional health assessment, support and education about the effects of cannabis use.

 

Under the Queensland Police Drug Diversion Program, police are able to offer eligible persons apprehended for a minor drugs charge the opportunity to attend a drug diversion assessment program.

 

The purpose of the drug diversion assessment program is enable you to receive advice, early intervention and education about cannabis.

 

What are the outcomes of diversion?

 

If a person apprehended by police attends a drug diversion assessment program, they will:

 

• not be charged with a criminal offence; 

• not have to attend court; 

• not have a criminal record for a minor drugs offence; 

• receive education, counselling and support about the consequences of cannabis use; and

• assistance to stop using cannabis.

 

What is a minor drugs offence for police diversion?

 

Under the Police Powers and Responsibilities Act, a minor drugs offence is:

 

• possession of not more than 50 grams of cannabis; and/or

• possession of a utensil or thing that is used for, or has been used for, smoking cannabis.

 

Police drug diversion is only available for cannabis related possession offences.  If you have been charged with possessing a small amount of another type of drug, please click here for more information about Court Drug Diversion.

 

What are the other eligibility criteria?

 

You must meet other eligibility criteria, including:

 

• you have been arrested for or questioned about a minor drugs offence; 

• you have not committed another indictable offence in circumstances related to the minor drugs offence; 

• you have not been previously convicted of another offence of violence; 

• you admit, during police questioning, to having committed the minor drugs offence; and

• you have not previously been offered police drug diversion.

 

Police drug diversion will only be offered once.

 

If you fail to attend the drug diversion assessment program at the nominated time and place, then you may be charged with a further offence.

 

You should get legal advice if you are not sure whether you meet all the eligibility criteria.

 

Do I need a lawyer?

 

Generally, police will offer drug diversion at the time a person is charged with an offence, provided they meet the eligibility criteria.

 

Prior to speaking with police, you should contact a Queensland Drug Lawyer to seek legal advice about your rights on questioning and arrest.

 

If you have not been offered the opportunity of police drug diversion, contact us to discuss your available options.  We can assist you by:-

 

• Advising on your prospects of contesting a charge;

• Guiding you through the court process;

• Negotiating with the prosecution, including to try and achieve police drug diversion;

• 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.