There are two kinds of drug diversion available in Queensland.
Police drug diversion
Police drug diversion applies if these circumstances are met:
- The person must not have also been arrested for another indictable offence associated with the minor drug offence (e.g. burglary of a home to obtain money to buy the drugs).
- The person must not have been offered drug diversion before.
- The person must admit to possessing the drugs or smoking implement in an electronically recorded interview.
- The person must not have any criminal history for violence.
- The person must not have been sentenced to a term of imprisonment before for drug trafficking, supplying drugs or producing drugs.
If the police arrest someone in possession of a small quantity of cannabis (less than 50 grams) or an implement that has been used to smoke cannabis, the police officer must offer the offender the opportunity to attend a drug diversion assessment program instead of charging them with a criminal offence.
This outcome is much better than going to court, as it means there is no criminal conviction for the offence.
Court-ordered drug diversion
Court-ordered drug diversion is available to people who commit minor drug crimes and plead guilty.
If you’ve had any kind of drug diversion more than once before, or if you’ve been convicted for other serious offences, you’re not eligible for court-ordered drug diversion.
Court-ordered drug diversion is available for a much wider range of minor drug offences, including possessing small quantities of Schedule 1 drugs such as cocaine, heroin, ecstasy and speed.
If the Magistrate deems drug diversion appropriate, you will be sentenced to a good behaviour bond conditional on your attendance of a Drug Assessment and Education Session. In this case, no conviction would be recorded.
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