Drug Charges Lawyer
Have you been charged with a drug related offence? Don't risk your future.
Drug offences are serious matters that fall under the umbrella of criminal law so it is critical that you seek legal advice as soon as possible.
The Drugs Misuse Act
The Drugs Misuse Act is a complex area of law and people often don't realise the serious nature of being charged under this legislation. Penalties vary from good behaviour and community service through to lengthy periods of imprisonment.
The following are examples of the most common drug offences that fall within the Drugs Misuse Act 1987 (QLD).
It is an offence to have possession of any dangerous drug.
'Possession' includes having a dangerous drug on your person, in your home or in your vehicle. You can be charged with possession even if the drugs are not on your person, if you have the ability to 'exercise control' over a dangerous drug you can still be charged.
The list of dangerous drugs can be found in schedules one and two of the Drugs Misuse Regulation 1987 (QLD).
Schedule one dangerous drugs: Cocaine, Heroin, Amphetamine and Lysergide.
Schedule two dangerous drugs: Cannabis, Methadone, Coca Leaf and Morphine.
It is an offence to unlawfully supply another person with a dangerous drug.
You may be charged with this offence if you give, sell, distribute, administer, transport or supply a dangerous drug. You can also be charged with supply if you are in the company of another person who commits the offence.
The maximum penalty for supplying schedule 1 drugs is 20 years imprisonment and the maximum penalty for supplying schedule 2 drugs is 15 years imprisonment.
Trafficking Dangerous Drugs
It is an offence to carry on the business of trafficking. You can be charged with this offence if you are advertising or promoting the dangerous drug product by communicating with potential buyers, setting up lines of supply or negotiating the process.
The maximum penalty for this offence is 25 years imprisonment and the matter will be held in the supreme court.
Manufacture of Drugs
It is an offence to produce dangerous drugs and you may be charged with this offence if you prepare, manufacture, cultivate, harvest, or package a dangerous drug.
Production includes cultivating, harvesting and weeding a crop of cannabis in the same way it can be mixing chemicals to create an illicit drug.
If you are convicted of producing dangerous drugs, the matter will be heard in the Magistrate's Court and the maximum penalty is 25 years imprisonment.
Are there any defences available to these charges?
Yes. The facts of your case will determine which defences will be available for you. Depending on your charges, the following defences may be available to you:
- The substance was not a dangerous drug;
- Mistake of fact;
- Wasn’t in Possession;
- No involvement in trafficking by the defendant;
- The substance produced was not a dangerous drug;
- The offender’s actions did not amount to production;
- No involvement in the production by the defendant.
The police want to speak to me about a drug allegation, what should I do?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert
If you are charged with a drug related offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can effectively defend your drug charges in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.