Drug possession offences that our drug defence lawyers provide legal representation for
Our experienced drug lawyers can provide legal representation for all drug related offences. Whether your facing a minor charge or a serious drug offence, our team can guide you through the court process and help you understand your legal options.
Our team regularly defends clients charged with:
Possession of a dangerous drug
Possessing relevant substances
Possession in connection with the commission of a crime
Possession in connection with consumption or administration of a dangerous drug
Possession of a prohibited combination of items
Possessing instructions for producing dangerous drugs
Possession of dangerous drugs
Possessing a dangerous drug is a criminal offence in Queensland even if you only posses a small amount. The penalties that can follow depend on the type of drug and the quantity in your possession.
Here is a table showing examples of drugs and the schedule it falls under in the Drugs Misuse Act:
| Schedule | Type of drug |
| Schedule 1 | Ice, Speed, Ecstasy, Heroin, Cocaine, Acid, Fentanyl |
| Schedule 2 | Cannabis, Xanax, Valium, Codeine, Ritalin, Steroids |
Schedule 1 penalties: If the amount of drugs exceeds the prescribed threshold and is a Schedule 1 drug, the maximum penalty is up to 25 years imprisonment. If the amount is below the threshold, the maximum penalty is up to 15 years imprisonment.
Schedule 2 penalties: If the amount of drugs exceeds the prescribed threshold and is a Schedule 2 drug, the maximum penalty is up to 20 years imprisonment. If the amount is below the threshold, the maximum penalty is up to 15 years imprisonment.
For small quantities of drugs that have been used for personal or recreational use, the courts will generally impose a small fine or a referral to a police drug diversion program. If the matter is dealt with in the Magistrates Court, you can receive a fine up to $16,100 instead of facing imprisonment.
The maximum penalties are often reserved in cases where the prescribed threshold is exceeded and there is evidence of commercial activity such as trafficking or supplying dangerous drugs. If the matter is dealt with on indictment (District Court or Supreme Court) you can be fined up to $806,500 instead of facing imprisonment. The courts will also consider prior criminal history of the offender and if the offence occurred in aggravated circumstances when imposing a sentence.
Possible defence strategies for possession of a dangerous drug in QLD
- You did not possess a dangerous drug
- Drugs obtained was through an unlawful search or seizure
- The amount of drugs did not exceed the prescribed threshold
- You did not know the drug was in your possession
Possession of things used in connection with a drug offence
In Queensland it is a criminal offence to possess items that are used in connection with a drug offence, for example it can include:
- Scales
- Clip seal bags
- Bongs
- Pipes
- Syringes
Police can charge someone with possession of a drug related item even if no drugs are found. Police can prove the item was used in connection with drug activity by relying on circumstantial evidence such as the smell of drugs, drug residue, admissions by the accused and intent. Items that are commonly associated with drug material can also support the charge, especially if its found alongside other drug related material.
Maximum penalty: The maximum penalty for this offence is 15 years imprisonment or a fine up to $16,130. In a real-world scenario this charge will be dealt with summarily in the Magistrates Court and will generally result in a small fine, this charge is typically treated as an additional charge when drugs are found at the same time.
Possession of relevant substances or things
It is an offence to possess any items that are used in the production or manufacture of dangerous drugs, these can include:
- Chemicals used to manufacture drugs
- Heating mantle
- Condensor
- Pill press machine
- Rotary evaporator
- Distillation head
- Chemical resistant containers
- Vacuum pumps
Maximum penalty: The maximum penalty for this offence is 15 years imprisonment or a fine up to $16,130. Under Queensland legislation, a person will not be guilty of this offence if they can prove the substance or item was not intended for use in connection with a drug offence.
Why choose Donnelly Law Group to defend your drug possession charges in QLD?
Extensive experience defending drug possession charges across Brisbane, Gold Coast & Regional Queensland
Donnelly Law Group has successfully defend clients charged with possession of dangerous drugs across Brisbane and the Gold Coast since 1996. Our experienced drug lawyers can assist you whether you’re a first time offender or charged with serious drug offences.
For a free initial consultation feel free to call us on: 1300 11 22 12
Local expertise
Our team of experienced drug lawyers regularly appear across Brisbane and the Gold Coast defending clients charged with possession of drugs, supply and trafficking.
Personalised approach for every drug possession charge to help achieve the best outcome for our clients
At Donnelly Law Group, we take a personalised approach with every client ensuring they understand the charges against them and the legal options available. We work closely with you to create a defence strategy with the goal of achieving the best outcome in court.
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Our legal strategy for drug possession offences across Brisbane & Gold Coast (QLD)
Initial consultation
During our free initial consultation, we will listen to your side of the story and provide you with an understanding of the charges brought against you.
Case assessment
During the case assessment our experienced drug lawyers will analyse the police facts (QP9) and determine the strength of the prosecutions case against you. Our team will also provide the best legal options moving forward.
Developing a defence strategy
Our senior legal team will work with you in crafting a defence strategy thats tailored to your unique circumstances. We will analyse the evidence available and negotiate with prosecutors where possible to downgrade charges or have them dismissed.
Court representation
Our drug lawyers will advocate on your behalf in court ensuring that your case is presented professionally before a magistrate, achieving the best possible outcome in court.
Drug possession charges FAQs
What should I do if the police want to talk to me about a drug possession offence?
If police want to talk to you in relation to a drug possession offence, it is best to remain calm and call us on 1300 11 22 12
Do I need a lawyer for a drugs possession charge?
Yes and no. Engaging with an experienced drug lawyer can help you reduce charges, minimise penalties and can potentially avoid a conviction being recorded.
When should I contact a lawyer about my drug possession charges?
You should call us as soon as possible after you have been charged with drug possession. Our lawyers will be able to provide you with advice on your legal rights and the best way to move forward.
Will my drug possession offence lawyer represent me in court?
Yes. Our lawyers will represent you in court and conference with you prior to your court date.
What legislation covers drug possession offences in Queensland?
Drug possession offences are covered under the Drugs Misuse Act 1986 (QLD).
What are the penalties for drug possession offences in Queensland?
The penalties for drug possession offences in Queensland depend on the type of dangerous drug and the quantity.
More serious penalties apply to Schedule 1 drugs and larger amounts. Possession of small quantities for personal use may result in a fine or referral to a drug diversion program, while larger amounts can lead to imprisonment.
How much does it cost to hire a drug possession offence lawyer from Donnelly Law Group?
At Donnelly Law Group, we believe that everyone deserves affordable legal representation. We offer fixed-fee prices so you know how much your matter will cost, we also offer payment plans to ensure your matter can be paid off in instalments.
Can Donnelly Law Group help me with drug possession offences outside of Brisbane & Gold Coast?
Yes. Our team can provide legal representation across Queensland via phone appearances and in some occasions we can travel rurally to represent you in court.
