Drug FAQs
Let’s say you’ve been charged with possessing a small quantity of illegal drugs for personal use.
First of all, we can help you understand your options, decide whether you should plead guilty or not guilty, and determine whether you need legal representation.
You can call us 24/7 for free initial advice and case assessment.
What penalty will I receive?
In Queensland, it’s illegal to possess even small amounts of dangerous drugs (including cannabis and MDMA).
If you’re charged with a drug possession offence, consider whether you wish to plead guilty or not guilty to the charge.
If you’re a first-time offender and you wish to plead guilty to a minor charge, you may be able to obtain a drug diversion order via the Magistrates Court's Illicit Drug Court Diversion Program.
This rehabilitative option aims to educate about the harms of drugs and prevent further drug use.
The penalties you would receive on a guilty plea to a minor drugs possession charge vary depending on many factors, including the facts of the charge and your previous criminal history.
Common penalties include drug diversion, fines, probation, community service and imprisonment, including actual custody.
Will I receive a recorded conviction?
In general, the courts have discretion about whether to record a conviction for a first-time minor drug possession offence.
A drug conviction may significantly impact your life, including employment, travel and insurance.
If you’ve been previously convicted for any other offence, the risk of a recorded conviction is higher.
If you don’t receive a recorded conviction, there may be circumstances in future where you’re required to disclose that you were charged with and/or convicted of a drug offence.
Will I be sentenced to jail?
Some drug offences incur imprisonment charges.
The penalties for drug possession offences depend on:
- the type of drug
- the nature of any previous convictions
- when they occurred
- the quantity of drugs involved.
Repeat offenders are at risk of receiving a higher penalty than first-time minor drug possession offenders.
Just arrested?
Make us your first call.
You need a dedicated, experienced lawyer on your side. That’s us.