Gold Coast & Brisbane Drug Offences Lawyers
Queensland has some of the toughest penalties for Drug possession and trafficking in Australia. If you have been charged on the Gold Coast or in Brisbane for any drug related offence, it’s vital you contact an experienced criminal law expert to reduce the risk of a hefty fine or prison sentence. Zarah Garde-Wilson responds swiftly to the need for specialised legal representation and works tirelessly to ensure the best outcome in your matter. Day or night, Zarah Garde-Wilson is available to provide timely, accurate advice and to step in to fight for your freedom and future.
Drug Offences in Queensland
Queensland has a track record of being tough on drugs. The illegal possession of even small quantities of controlled substances, and first time offences can attracted stiff penalties. The most important offences related to dangerous drugs are created by the Drugs Misue Act 1986 (Qld). These include:
- trafficking in dangerous drugs (s 5)
- supplying dangerous drugs (s 6)
- receiving/possessing property obtained from trafficking or supplying dangerous drugs (s 7)
- producing dangerous drugs (s 8)
- publishing or possessing instructions for producing dangerous drugs (s 8A)
- possessing dangerous drugs (s 9)
- possessing, supplying and producing relevant substances or things such as chemicals and apparatus used to manufacture dangerous drugs (ss 9A–9C)
- possessing things used in connection with a crime involving dangerous drugs (s 10)
- possessing certain property reasonably suspected of having been used or involved in the commission of some drug-related offences (s 10A)
- possessing prohibited combinations of certain items (e.g. chemicals commonly used to manufacture dangerous drugs) (s 10B)
- permitting premises to be used for drug offences (s 11).
Drug Diversion Programs in Queensland
Drug Diversion programs are designed to provide the eligible people with the opportunity to avoid prosecution and participate in a health intervention to address drug use behaviours. This does not legalise or decriminalise the possession of controlled drugs, rather is an alternative to prosecution given to police under the Police Powers and Responsibilities Act 2000 (Qld) (s 379).
To be eligible for drug diversion a person must:
- be arrested for, or questioned about, a minor drugs offence
- not have committed another indictable offence in circumstances related to the minor drugs offence
- not have been previously sentenced to serve a term of imprisonment for supply, trafficking or production of a dangerous drug or precursors
- not have been previously convicted of an offence involving violence against another person or if they have, the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 must have expired
- admit to having committed the minor drugs offence during an electronically recorded interview, and
- not have previously been offered drug diversion by a police officer.
Minor drug offences are the possession of 50g or less of cannabis, or possession of a thing that is used or has been used for smoking cannabis. They do not include offences involving the production, supply, or trafficking of cannabis.
If a person participates in and completes a drug diversion assessment program they:
- Will not be charged with a criminal offence for the minor drugs offence;
- Will not have to attend court for the minor drugs offence; or
- Will not have a criminal record for the minor drugs offence.
They will also learn about the consequences of illicit drug use and get access to information and support to stop their drug use.
The Biggest Mistake You Can Make
Police have a way of asking innocent sounding questions that are designed to extract more information than you know is good for you. The worst thing you can do, when charged with a drug offence, is submit to police questioning without a lawyer present.
A drug sentence on your criminal record can have a big impact on your life. It can restrict travel opportunities, prevent you from getting a professional licence, and even effect an application for rental accommodation. So, never be rude, aggressive, or uncooperative, but always, always confidently assert your right to legal representation – and get the best you can afford, straight away.
Frequently Asked Questions
Drug offences in Queensland cover a range of criminal acts involving illegal substances, including possession, supply, trafficking, producing, and importing drugs. These offences are governed by the Drugs Misuse Act 1986 (Qld) and carry serious penalties depending on the type and quantity of the drug involved.
Penalties depend on the nature of the offence. Minor possession can result in fines or community service, while trafficking, production, or supply can lead to up to 25 years imprisonment. Courts also consider the drug type, quantity, and whether there was intent to sell or distribute.
Possession refers to having drugs for personal use, while trafficking involves dealing, selling, or supplying drugs to others. Trafficking is a much more serious charge and is classified as a serious organised crime offence, carrying a maximum penalty of life imprisonment.
Yes. Charges may be dropped or reduced if the evidence is weak, obtained unlawfully, or if a lesser charge (like possession instead of trafficking) is more appropriate. Your lawyer can negotiate with the prosecution to achieve the best possible outcome.
Yes. A conviction can affect your employment, travel, and ability to obtain certain licences or visas. In some cases, your lawyer may apply for a section 19B bond or no conviction recorded, depending on the severity and circumstances of the offence.