Home › Criminal law › Drug offences › Drug diversion
Drug diversion · Cairns & Far North QLD

Drug diversion in Queensland

For a small amount of drugs for personal use, police diversion can mean no charge and no criminal record. Check first whether you are eligible and what happens if you decline.

Free, confidential first consultation. No obligation.

A young man reading a printed police notice at a cafe table, with a coffee beside him
Police diversion

How it works now

Police drug diversion is in the Police Powers and Responsibilities Act 2000 (Qld). It applies to minor drugs offences, such as possessing not more than a set quantity of a drug, or a utensil, for personal use.

First time

A drug diversion warning, if you have not been offered a warning or a program before.

Second time

The chance to take part in a drug diversion assessment program.

Third time

The chance to take part in a subsequent drug diversion assessment program.

For adults, police must make the offer if you are eligible. For children, police may make it. The offer can be made at any time before you appear in court on the charge, and police must explain what it means.

The law is changing. Parliament has passed the Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Act 2026. It replaces the current scheme with new diversion arrangements, including a separate scheme for small amounts of cannabis. It starts on a date still to be set by the Queensland Government. Until then the current rules apply.

Start a conversation

Where are you at?

Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.

Eligibility

When diversion is not available

  • A related indictable offenceIf you committed another indictable offence related to the drugs.
  • Supply or trafficking historyIf you have previously been found guilty of certain more serious drug offences, such as supply or trafficking.
  • Not for personal usePolice must reasonably believe the drugs or utensil were for your own use.
  • Court diversion may still be openIf police diversion is not offered, an eligible possession charge may be dealt with through court diversion if you plead guilty. No conviction is recorded if you are placed on the program.
Things to avoid

Declining sends it to court

If you decline the offer, the matter can go to court as a charge.

Do not miss the assessment

Not completing an assessment program you agreed to is an offence of its own.

Sharing can be supply

Giving drugs to a friend can be charged as supply, which is not covered by diversion.

How Joseph helps

One lawyer, from your first call to the end of your matter

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.

  • He tells you whether you were eligible for diversion, and what to do if police did not offer it.
  • He explains what accepting or declining means for your record.
  • He advises on court diversion if the matter is already in court.
  • He represents you in court if the charge goes ahead.
Talk to Joseph
Joseph Rahim, Principal of Coral Coast Law
Reviews

What people say on Google

Questions

Drug diversion questions

Does drug diversion give me a criminal record?

No. If you complete police diversion, you are not prosecuted for that offence.

How many times can I get diversion?

Under the current law, a warning first, then up to two assessment programs. The rules are changing on a date still to be set.

Can I refuse diversion?

Yes, but the matter can then go to court.

Does diversion cover cannabis?

Yes. Minor possession of cannabis is a minor drugs offence under the current scheme.

Is the first consultation free?

Yes. It is free, confidential and comes with no obligation.

Didn’t see your question? Ask it in chat.

Talk to Joseph before your court date

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 028 080

Free, confidential first consultation.

Thank you for contacting us.
We will get back to you as soon as possible.
Oops, there was an error sending your message.
Please try again later.

This 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.