Possession
Drug Possession Lawyer
It is illegal to possess any drug listed on Schedule 1 or Schedule 2 of the Drugs Misuse Regulation and a drug possession lawyer can provide essential guidance if you’re charged with possessing a drug listed on either schedule.
A person can be in possession of drugs without owning them.
At its core, possession is about knowledge and control of the drug in question.
The prosecution must prove the defendant was aware of the substance’s existence and it was within their physical control. In such cases, consulting with a possession of drugs lawyer can help you understand your rights and defences.
Our drug charge lawyers are backed by a strong team of criminal defence lawyers Brisbane locals trust. Get expert legal advice now by reaching out to us via our online form, calling 1800 275 535 or emailing info@jasperfogerty.com.au
Drug Possession Lawyer Insight: The ‘Occupier Provisions’
All people who occupy a house are considered ‘in possession’ of any drug found in the house, unless they can prove they didn't know, and had no reason to suspect, that the drugs were there.
The onus of proof is effectively reversed.
The prosecution doesn’t need to prove the accused person knew the drugs were there.
Rather, the accused person must prove they didn't know and couldn't have suspected the drugs were in the house. This is a difficult onus to discharge and one that a drug possession lawyer can help you navigate.
This provision also applies if drugs are found in a car.
All people in the car at the time can be charged with possessing the drugs. If you are facing charges, a possession of drugs lawyer can provide crucial advice and support.
Possessing Drugs for Personal Use: How a Possession of Drugs Lawyer Can Help
In Queensland, it’s illegal to possess any quantity of dangerous drugs for personal use.
Unfortunately, the crime of possessing an illegal drug is broader than just owning it.
Imagine you’re attending a festival with a friend.
They ask you to mind their bag of ecstasy pills for a few minutes while they went to the bathroom.
If you agree and mind the bag, you’ve committed the criminal offence of drug possession—even if you didn’t purchase or own the drugs.
If you’ve been charged with drug possession, we recommend seeking legal advice to discuss what defence options are available to you, based on your circumstances. Speaking with a drug possession lawyer can help you understand the seriousness of the charge and what steps to take next.
Generally, the level of offence is determined by the quantity found in your possession.
If you’re charged with possessing a small quantity of drugs, your matter will be dealt with in the Magistrates Court and considered as a ‘personal use’ offence.
If you’re charged with a large quantity of drugs, the prosecution may allege that you possessed the drugs for a commercial purpose—to make a profit—and your matter will be dealt with in the District or Supreme Court. In such cases, a possession of drugs lawyer can provide expert legal representation.
Medicinal cannabis
There can be genuine grounds for possessing cannabis for medical reasons.
Medicinal cannabis is only legal in Queensland if it has been prescribed by a doctor with the necessary government approvals.
Unlawfully possessing cannabis constitutes a criminal offence. A drug possession lawyer can advise you if you're facing charges related to medicinal cannabis.
If you’ve been charged with possession of drugs, you need a trusted possession of drugs lawyer to guide you. At Jasper Fogerty Lawyers, our drug charge lawyers offer expert advice and defence. Contact our criminal defence lawyers Brisbane trusts today by filling out our online form, calling 1800 275 535 or emailing info@jasperfogerty.com.au
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