Drug charges range from a small amount for personal use, where diversion may be possible, to trafficking. The schedule of the drug, the quantity and what police say it was for decide almost everything. Talk to Joseph Rahim about your charge.
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Most drug charges in Queensland are under the Drugs Misuse Act 1986 (Qld). Importing drugs into Australia is a Commonwealth offence. Queensland lists dangerous drugs in two schedules. Schedule 1 includes heroin, cocaine, methylamphetamine and MDMA. Schedule 2 includes cannabis. A schedule 1 drug is treated more seriously than a schedule 2 drug, and larger quantities are treated more seriously again.
Having a drug under your control, knowing it is there. Diversion may be available for small amounts.
Read morePolice warnings and assessment programs for minor possession, and what is changing.
Read moreGiving, selling, sharing or offering drugs, including to friends.
Read moreCarrying on a business of supplying drugs. The most serious Queensland drug charge.
Read moreGrowing, manufacturing, preparing or even packaging drugs.
Read moreCommonwealth charges for bringing drugs into Australia, including by post.
Read morePick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
For minor possession, Queensland has diversion programs. They are not available for every charge.
There are limits on how many times you can be diverted. Declining a police offer sends the matter to court.
If drugs are found in a place you occupy or help manage, the law treats that as possession unless you show you did not know and had no reason to suspect they were there.
Giving a friend a single pill can be charged as supply, which is more serious than possession and is not covered by diversion.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Not if you complete police drug diversion, or are placed on the court diversion program. Otherwise it is a decision for the court.
Cannabis is a schedule 2 drug, which is treated less seriously than schedule 1 drugs such as methylamphetamine. It is still an offence.
Possibly. It turns on whether you occupied or controlled the place and what you knew. Get advice before talking to police.
Many drug charges are dealt with in the Magistrates Court. More serious ones go to the District or Supreme Court.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
