Illicit Drugs and Substances
In Queensland, drug offending is contained within the Drugs Misuse Act 1986 and various pieces of Commonwealth legislation.
We represent people at all levels of drug offending. This includes:
- Minor possession offences of cannabis or party type drugs;
- Possession of relevant utensils and property used in the commission of a drug offence.
- Supplying drugs to other people.
- Large scale possession offending.
- Selling, supplying and receiving drugs from others or being involved in the business of buying and selling drugs which is an offence of trafficking.
- Moving drugs into jails and watchouses.
- Importation of drugs into Australia.
We represent people in relation to all types of drugs including dangerous drugs, prescription medications and provide advice in relation to synthetic drugs where the definition of a what constitutes a dangerous drug has a very wide meaning and application.
The law in relation to drugs is very wide and can be confusing to those unfamiliar with the legal system.
If you are being investigated for drug related offending or require any advice in relation to a Police investigation, or if you have been charged with a drug-related offence, Robertson O’Gorman Solicitors can help you understand your situation.
The use and sale of synthetic drugs has increased rapidly in recent years. This has been met by changes to Queensland legislation to combat what are often referred to as ‘legal highs.’
In Queensland the Drugs Misuse Regulation 1987 lists in Schedules 1 and 2 those drugs deemed to be ‘dangerous drugs.’ The Drugs Misuse Act 1986 then makes it an offence to possess, supply and traffick these drugs which include substances such as heroin and methamphetamines. Different drugs and different quantities will lead to different charges and potential outcomes in court.
However, what is crucial to remember is that section 4 of the Act defines a ‘dangerous drug’ as including a substance that has a substantially similar chemical structure or pharmacological effect. Therefore in Queensland the possession, sale, supply and trafficking of synthetic drugs is illegal even if their chemical structure is changed.
Of particular significance is the extension of the definition to include those substances which are intended to have a substantially similar effect. This broad definition now captures any substance that was intended to mimic the effect of another illicit drug – even if the substance itself is not a drug per se and is chemically distinct.
If you need legal advice about drug charges call us on 3034 000.
Trafficking in dangerous drugs is a crime under section 5 of the Drugs Misuse Act.
To constitute trafficking, the action must involve:
- Carrying on a business
- At least one act of trafficking
Carrying on a business involves an assessment as to the intention the defendant had when they trafficked the drugs.
Trafficking can mean many things, but is usually limited to the trading in or selling.
The maximum penalty is 25 years imprisonment for schedule 1 drugs, and 20 years for schedule 2 drugs. Sentences vary greatly for the type and quantity of drug trafficked. Furthermore, the court must order that a person convicted of an offence under this section must serve at least 80% of their prison term in actual custody, unless their sentence is wholly or partly suspended.
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.
Supplying dangerous drugs is a crime under section 6 of the Drugs Misuse Act. The supply can be to someone inside or outside Queensland.
‘Supply’ is defined under section 4 of the Act and means give, distribute, sell, administer, transport or supply. The definition also covers offering or preparing to do any of those things.
There is a long list of potential maximum penalties for the supply of dangerous drugs. Maximum penalties depend on the type of drugs supplied and whether there are any aggravating circumstances. These range between 15 years imprisonment and life imprisonment. The supply is considered to be of aggravating circumstances if any of the following apply:
- The recipient is a minor
- The recipient is intellectually impaired person
- The recipient is within an educational or correctional facility
- The recipient does not know they are being supplied with the dangerous drugs
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.
Section 7 of the Drugs Misuse Act makes it an offence to receive or possess property, other than a dangerous drug, obtained directly or indirectly from the supply or trafficking of dangerous drugs.
Furthermore, it is an offence to receive or possess property obtained directly or indirectly from activities outside Queensland that would have constituted trafficking or supply had they been committed in Queensland.
It is an element of this offence that the property was obtained knowing or believing the property was obtained through the commission of those crimes.
It is also a crime under this section for anyone to receive payments for a mortgage or a pledge if they know or believe that the property came from the proceeds of supplying or trafficking drugs.
Furthermore, in relevant circumstances, the prosecution only needs to show that the defendant has aided in concealing or disposing of the property.
The maximum penalty is 20 years imprisonment.
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.
Producing dangerous drugs is a crime under section 8 of the Act.
To produce is defined in section 4 of the Act, and includes preparing, manufacturing, cultivating, packaging or producing. It also includes offering to do any of those things or preparing to do any of those things.
The maximum penalty ranges from 15 years to 25 years imprisonment. This depends on the type and quantity of the drug produced. There are limited circumstances where the maximum penalty may be lower due to the defendant being drug dependent at the time of the offence. Drug dependence is defined as demonstrating impaired control or exhibiting drug-seeking behaviour that suggests impaired control over the person’s continued use of dangerous drugs. The dependence must also be likely to cause the person mental or physical distress or disorder if the person stops administering the drug.
It is also an offence to publish or possess instructions for the production of dangerous drugs. The maximum penalty for this is between 20 and 25 years imprisonment, depending on the type of drug referred to.
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.
Possessing dangerous drugs is a crime under section 9 of the Act.
Possession is made up of ‘knowledge’ and ‘control’ of the drug. Furthermore, there is a presumption that drugs found in the home of a person are possessed by the person.
The maximum penalty for this offence ranges from 15 to 25 years imprisonment depending on the type and quantity of dangerous drug possessed. There are procedures in place that allow for warnings for first-time offenders.
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.
Possessing things is a very broad offence under section 10 of the Act.
This section provides that a person is guilty of a crime if they possess anything for use in connection with the commission of a drug-related crime. The maximum penalty is 15 years imprisonment.
It is also an offence to unlawfully possess anything for use in connection with the administration, consumption or smoking of a dangerous drug. The maximum penalty is 2 years imprisonment.
Furthermore, it is an offence to supply a hypodermic syringe or needle for use in the connection with the administration of a dangerous drug. It is also an offence to possess a hypodermic syringe or needle without taking all reasonable precautions to avoid danger to others. This extends to used hypodermic syringes or needles. The maximum penalty for these offences is 2 years imprisonment.
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.
Possessing dangerous drugs is a crime under section 9 of the Act.
Possession is made up of ‘knowledge’ and ‘control’ of the drug. Furthermore, there is a presumption that drugs found in the home of a person are possessed by the person.
The maximum penalty for this offence ranges from 15 to 25 years imprisonment depending on the type and quantity of dangerous drug possessed. There are procedures in place that allow for warnings for first-time offenders.
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.
The Drugs Misuse Act often refers to ‘Schedule 1’ and ‘Schedule 2’ drugs. The difference is often relevant in sentencing, and can affect the punishment someone will receive. The schedules are two lists of dangerous drugs under the Drugs Misuse Regulation 1987. Schedule 1 is made up of nine different drugs, as well as several steroid drugs. Schedule 2 contains over 100 less serious drug compounds.
Schedule 1 drugs are more serious and include, but are not limited to:
- Amphetamine
- Methylamphetamine (ice)
- Heroin
- Cocaine
- Lysergide (LSD)
- 3,4-Methylenedioxymethamphetamine (MDMA, Ecstasy)
- Steroid drugs
Schedule 2 drugs are less serious and include, but are not limited to:
- Cannabis
- Codeine
- Psilocybin (Mushrooms)
- Opium
- Oxycodone
The Palaszczuk Government in 2016 has suggested that the Regulations may be amended such that Cannabis will soon be a schedule 1 dangerous drug.
Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.