Growing and manufacturing illegal drugs is a criminal offence in Queensland. For example, simply give your friend an ecstasy pill to be charged with delivering a Schedule 1 drug. In general, the amount of drug found in your possession determines whether the degree of criminality (i.e. personal commercial use). If you are charged with possession of a small amount of drugs, your case will be dealt with by the trial court. If you are charged with a larger amount of drugs, the prosecutor`s office may claim that you had a commercial purpose (i.e. intended to profit from the drug) and your case will be dealt with by the District Court or the Supreme Court. If you post instructions or have a document with instructions on how to make a dangerous drug, you are committing a crime. Simply downloading a prescription for crystal methamphetamine from the Internet could lead to up to 25 years in prison. An 80% parole period applies to inmates serving a prison sentence for drug trafficking if the court declares the offence to be a serious violent crime (Section 182 of the Correctional Services Act 2006 (Qld)). As you can see, drug possession laws are quite complex. This article is not intended to replace legal advice. It is a summary of some of the general principles of law.
If you are charged with possession of a dangerous drug, you should always contact an experienced defense attorney for advice. Drug possession and the criminal record of a drug possession conviction can affect a person`s ability to find employment and almost certainly prevent them from travelling to certain countries around the world. This provision also applies if drugs are found in a car – anyone who is currently in the car can be charged with drug possession. Under the Misuse of Drugs Act, possession of objects intended for use or which have been used in connection with a drug-related offence is an offence punishable by up to 15 years` imprisonment (section 10 (1) of the Misuse of Drugs Act). This could include anything related to a drug offence, including the motor vehicle used to transport drugs and the pipe used to water drugs. These items may be forfeited to the Crown (Part 5 of the Misuse of Drugs Act) and may be subject to an injunction until they expire. If manufacturing is the crime in question, the Court of Appeal held that it is sufficient for the owner to intend to use the article in connection with the manufacture of a dangerous drug, even if that manufacture did not take place or is contemplated by the other person. If you are under investigation for a drug offence, the police may be required to provide your name and address. If you don`t respond, you`re breaking the law. You should seek legal advice. See Talking to the police.
For lower-level drug possession charges, police have the option of using drug diversion without charging a person. If a person is charged and the court considers it a minor charge, the court may also refer a person to a drug-related distraction program, and when it is completed, no conviction will be recorded. Section 9 of the Drugs Misuse Act 1986 makes it a criminal offence for a person to be in possession of a dangerous drug. The maximum penalty depends on the type of drug, the amount of drug and whether the person was addicted or not, and ranges from 15 to 25 years in prison. Depending on the drugs and circumstances, possession charges may be tried by the Magistrates` Court, the District Court and the Supreme Court. Medical cannabis is only legal in Queensland if it has been prescribed by a doctor with the necessary regulatory approvals. If cannabis is not legally possessed for personal use, it is a criminal offence. Illegal possession of a prohibited combination of articles used in the production of drugs is a criminal offence (section 10B of the Misuse of Drugs Act). This offence carries a maximum penalty of 25 years` imprisonment. Again, the regulations set out what could constitute a prohibited combination of items. The occupier of a place or property, or any person involved in its administration or control, shall not permit any person to use it for the purpose of committing a drug offence.
They are not required to participate in or profit from the crime; Only that they are aware of the activity and allow it on their premises. The maximum penalty is 15 years in prison. The Misuse of Drugs Act provides that a resident or manager of a place is in possession of drugs found in premises under his control, unless he can prove that he did not know or had no reason to believe that the drugs would be present there (section 129 (1) (c) of the Misuse of Drugs Act). This greatly assists prosecutors in proving possession of people who would otherwise be considered completely innocent, such as parents who, despite having no knowledge of the presence of drugs on their premises, have reason to believe that their children may have drugs on the premises. The burden on the knowledge element is reversed. It is for the defendant to deny reasonable knowledge and suspicion after weighing the probabilities. Please note that the provision of paragraph 129(1)(c) of the Misuse of Drugs Act applies only to the possession of drugs. It does not apply to possession of anything else, such as an item used in a drug offence (e.g., a bong).
The cultivation of prohibited plants includes the cultivation of plants and their maintenance, for example by watering. The production of illicit drugs includes all activities related to the production of drugs, such as preparing, manufacturing and packaging drugs or offering assistance in any way. Crimes can involve anything from a fully functional meth lab to a single cannabis plant in your home. The punishment depends on the amount of drugs and the degree of involvement in the process. All drug-related offences are defined in the Queensland Misuse of Drugs Act. Oddly, however, the Drug Act doesn`t really define what possession means. To understand the legal definition of possession, one must consult the Queensland Penal Code Act 1899, which defines possession as: It is illegal to possess a drug listed in Schedule 1 or Schedule 2 of the Misuse of Substances Ordinance, which includes: It is a criminal offence to unlawfully publish or possess instructions for the manufacture of dangerous drugs (section 8A of the Misuse of Substances Act). substances). The sentence depends on the relevant medicinal products and the schedules to which the instructions refer (25 years for class 1 medicinal products and 20 years for group 2 medicinal products). Drugs listed in Schedule 1 are subject to more severe penalties than those listed in Schedule 2. This offence (section 7 of the Misuse of Drugs Act) covers the receipt or possession of property, other than dangerous drugs, derived directly or indirectly from trafficking or supply offences, even if committed outside Queensland (section 7(1)(b) of the Misuse of Drugs Act). It carries a maximum prison sentence of 20 years.
The property is mainly cash. The property in question may also lapse. Cultivation requires positive action, but may include measures such as irrigation, seed cultivation, harvesting, and ancillary activities to harvesting such as drying and stacking. Again, the maximum penalties are set based on the drug schedule and the amount. The maximum penalty for trafficking drugs such as cocaine or heroin is 25 years in prison. R v Phan  QCA 258, shows an example of assumed ownership. Police searched a house owned and occupied by the complainant and found a lot of heroin hidden in a cupboard in the home office. Although he denied possession of the heroin, it was found that the complainant had knowledge of its presence or had reasonable grounds to suspect its presence and was convicted of possession by a jury. The Commonwealth Penal Code Act covers offences of importing and exporting illicit drugs.