Drug Supply Charges
6 Supplying Dangerous Drugs (Drugs Misuse Act Queensland)
(1) A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.
In Queensland, it is an offence to supply a dangerous drug to another person. A person may be charged with this offence if they give, distribute, sell, administer, transport or supply a dangerous drug. You may also be charged if you offer to do any of those things.
Dangerous drugs are broken into two categories: Schedule 1 Drugs and Schedule 2 Drugs.
- Schedule 1 Drugs include substances such as; ice, amphetamines, cocaine, lysergide, heroin, methylamphetamine and ecstasy.
- Schedule 2 Drugs include substances such as; cannabis, codeine, morphine, opium and many other different types of drugs.
Drug Supply Penalty
The maximum penalty for Supplying a Schedule 1 Drug is 20 years imprisonment, permitting there are no aggravating circumstances. Further the maximum penalty for Supplying a Schedule 2 Drug is 15 years imprisonment. These penalties are increased in aggravating circumstances, including when a drug is supplied to a person under the age 16, or an intellectually impaired person. The penalties are also increased if the drugs are supplied within an educational institution or correctional facility.
You may also be charged with Supplying a Dangerous Drug if you are in the company of another person who commits the offence. In this situation, it is irrelevant whether you physically gave a Dangerous Drug to another person. Accompanying another person who actually supplies a Dangerous Drug to a third party may constitute Supply of a Dangerous Drug.
Supplying Dangerous Drugs offences are usually heard in the Magistrates Court or District Court. The circumstances of the offence, category of Dangerous Drug supplied and the existence of other connected offences will determine the Court in which the matter should be dealt with.
In Queensland, if a person is convicted of a Supply Dangerous Drug offence, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the drug supply offence and the individual circumstances and background of the Defendant.
Are there any defences available to a dealing drugs charge?
Yes. The facts of your sexual assault case will determine which defences will be available for you. The following drug charge defences may be available to you:
- The substance supplied was not a dangerous drug;
- Mistake of fact;
- Duress.
What should I do if the police want to speak to me about a drug supply allegation or if I am charged with a drug supply offence?
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 Drug Supply Lawyer
If you are charged with a drug supply offence, it is very important that you seek immediate legal advice. Our team of drug offence lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you 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.
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