POSSESSION

Under section 9 of the Drugs Misuse Act 1986 (Qld), it is a criminal offence to unlawfully possess a dangerous drug. Possession doesn’t just mean having drugs physically on you — it also includes having control over drugs in your home, car, or another location, even if they are not in your direct possession. The law presumes possession if drugs are found in a place you occupy, unless you can prove otherwise.

The penalties for drug possession under section 9 of the Drugs Misuse Act 1986 (Qld) depend on the type of drug (Schedule 1 or Schedule 2) and the quantity involved.

- Schedule 1 drugs (such as heroin, cocaine, or methamphetamine): maximum penalty of up to 25 years imprisonment for large quantities.

- Schedule 2 drugs (such as cannabis or morphine): maximum penalty of up to 20 years imprisonment for large quantities.

- For smaller amounts, courts may impose fines, probation, community service, or drug diversion programs, particularly for first‑time offenders.

Queensland courts take drug possession seriously, but outcomes vary depending on the circumstances, your criminal history, and whether you seek early legal advice.

To secure a conviction for drug possession under section 9 of the Drugs Misuse Act 1986 (Qld), the prosecution must prove beyond reasonable doubt that:

- You had possession of a substance (this can mean physical custody or control over a place where the drugs were found, such as your home or car).

- The substance was a “dangerous drug” as defined in the Act and its Regulations.

- Your possession was unlawful — meaning you had no legal authority, justification, or excuse.

Importantly, the law allows the court to presume possession if drugs are found in a place you occupy, unless you can show you did not know they were there.

If you are charged with drug possession in Queensland, there are several legal defences that may be available depending on your circumstances:

- Lack of knowledge – you did not know, and could not reasonably have known, that the substance was in your possession.

- No control – you did not have custody or control over the drug (for example, it was found in a shared space without your knowledge).

- Lawful authority – you had a valid prescription or other lawful reason to possess the substance.

- Mistake of fact – you honestly and reasonably believed the substance was something other than a dangerous drug.

Not every case will have a complete defence, but early legal advice can help identify whether a defence applies, or whether the best approach is to focus on reducing the penalty and protecting your future.

A conviction for drug possession in Queensland can have serious and lasting effects beyond the immediate penalty. Depending on the circumstances, the court may impose a fine, probation, community service, or imprisonment, and in some cases a conviction may be recorded on your criminal history.

Having a drug conviction recorded can impact your employment opportunities, ability to travel overseas, and professional licensing or registration. Even for first‑time offenders, the long‑term consequences can be significant, which is why obtaining early legal advice is essential to protect your future.

Coral Coast Law provides professional representation for individuals facing drug possession charges in Queensland. We:

- Assesses cases quickly – explaining the charges, the evidence, and what the prosecution must prove.

- Identifies possible defences – such as lack of knowledge, no control, or lawful authority, and advises whether they apply.

- Guides clients through the court process – from the first appearance in the Magistrates Court to sentencing or trial if required.

- Works to minimise the impact – by negotiating with prosecutors, seeking diversion programs where available, or presenting strong submissions to reduce penalties.

Coral Coast Law is committed to providing practical guidance and strong advocacy to safeguard your rights and secure the best possible outcome for your future.