If you have been charged with possessing drugs in Queensland, one of the first questions you may have is what penalty you could face.
Drug possession offences are taken seriously by the courts. However, the outcome will depend on the type of drug, the quantity involved, and your personal circumstances.
Understanding how these matters are dealt with can help you better understand what may happen next.
What Is Drug Possession in Queensland?
Drug offences in Queensland are governed by the Drugs Misuse Act 1986 (Qld).
A person may be charged with drug possession if they are found to have a dangerous drug in their custody or control.
Common examples include:
possession of cannabis
possession of cocaine
possession of methylamphetamine (ice)
possession of MDMA
The seriousness of the charge will often depend on the type and quantity of the drug.
What Is the Maximum Penalty for Drug Possession?
The maximum penalty for drug possession in Queensland will depend on the type of drug involved.
For many common drugs, the maximum penalty is:
However, this is the maximum penalty only. It does not mean that every case will result in imprisonment.
Will I Go to Jail for Drug Possession?
Not every drug possession offence results in a term of imprisonment.
In many cases, particularly for small quantities and first-time offenders, the court may impose penalties such as:
a good behaviour bond
a fine
probation
a diversion program (in some circumstances)
More serious penalties may apply where:
the quantity of drugs is significant
the person has prior criminal history
there are aggravating circumstances
Can I Avoid a Conviction?
In some cases, the court may decide not to record a conviction, depending on the circumstances.
When making this decision, the court considers factors such as:
the nature of the offence
your criminal history
your personal circumstances
the impact a conviction may have on your future
If you are concerned about this, you may find it helpful to read our article explaining whether you will get a criminal record in Queensland.
What Happens After You Are Charged?
Drug possession matters are usually dealt with in the Magistrates Court.
If you have been charged, your matter will typically begin with a court mention, where the case is first brought before the court.
If you are unsure what to expect, you can read our guide explaining what happens at a Magistrates Court mention in Queensland.
Why Legal Advice Is Important
If you have been charged with drug possession, obtaining legal advice early can help you understand your options.
A criminal defence lawyer can:
review the circumstances of the charge
advise you about possible outcomes
represent you in court
make submissions about penalty and whether a conviction should be recorded
Early advice can help you approach the matter with a clear understanding of your position.
Speak With a Criminal Defence Lawyer
If you have been charged with a drug offence in Queensland, obtaining legal advice can help you understand your options and the possible outcomes.
Advocacy Lawyers provides criminal defence representation for clients appearing in courts across the Gold Coast and throughout south-east Queensland.
Contact Advocacy Lawyers to arrange a consultation and discuss your matter.