Possession · utensils · production
Drug offences
A small possession charge and a production charge sit worlds apart in the courts and in the penalties. The category, the schedule and the quantity decide almost everything — including whether diversion is on the table.
Possession and minor drug offences are dealt with under the Drugs Misuse Act. For a first, small possession, a drug-diversion program can keep the matter out of the criminal courts altogether. More serious charges — larger quantities, or production — move up to the higher courts and carry real prison exposure.
The first question is always whether the drugs were lawfully found. Search powers, warrants and the chain of custody are frequent points of challenge, and an unlawful search can see key evidence excluded.
The charges — and what they carry
Figures are statutory maximums under Queensland law. Actual sentences are usually far lower — get advice about your matter.
Defences we run
- The search was unlawful and the evidence should be excluded
- You did not have possession or knowledge of the drug
- Eligibility for a police or court drug-diversion program
- The quantity or schedule is contested
How we defend you
- We check the lawfulness of the search and seizure before anything else.
- For eligible first offences we pursue diversion to avoid a conviction entirely.
- For serious matters we test the Crown case at committal before it reaches a jury.
Questions people ask
Is a small possession charge going to give me a record?
Often it does not have to. A first-time, small possession is frequently eligible for a drug-diversion program or a non-conviction, which keeps your record clean. We advise on eligibility at the outset.
The police searched me without a warrant — is that legal?
It depends on the power they relied on. If the search was unlawful, we can apply to exclude what was found — which can end the prosecution.