WHERE WILL MY DRUG CHARGE BE FINALISED?
If the police charged you with a drug offence in Queensland, you will first appear in the Magistrates Court. The drug offence you are charged with will determine where it is finalised. For example, some drug charges can be finalised in the Magistrates Court, while others are finalised in the District or Supreme Court. You need to know which Court the drug offence you are charged with will be finalised in, because this will determine the path it takes through the Magistrates Court. Common drug charges are listed below and which Court it must be finalised in.
DRUG CHARGES FINALISED IN THE MAGISTRATES COURT
If your drug charge must be finalised in the Magistrates Court, then you will want to know the proess for how your charge will be dealt with in this Court.
DRUG CHARGES FINALISED IN THE DISTRICT OR SUPREME COURT
If your drug charge must be finalised in the District or Supreme Court, then you will want to know the proess for how your charge will proceed through the Magistrates Court and your options.
Permitting use of place – s11(1) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court.
Possessing a Dangerous Drug (where the drug is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the thing is of or exceeds the quantity specified in Schedule 3 of the Drugs Misuse Regulation 1987)- s9(1)(a) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Possessing a dangerous drug (where it is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the drug is of or exceeds the quantity specified in Schedule 3 of the Drugs Misuse Regulation 1987, but less than the quantity specified in Schedule 4 and the defendant satisfies the sentencing Judge they are a drug dependent person)- s9(1)(b)(i) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court unless it is alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation, or if the prosecution alleges the possession the subject of the charge was for a commercial purpose.
Possessing a Dangerous Drug (where it is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the drug is of or exceeds the quantity specified in Schedule 3 of the Drugs Misuse Regulation 1987, but less than the quantity specified in Schedule 4 and the defendant does not satisfy the sentencing Judge they are a drug dependent person)- s9(1)(b)(ii) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Possessing a dangerous drug (where it is a Schedule 2 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the drug is of or exceeds the quantity specified in Schedule 3 of the Drugs Misuse Regulation 1987)- s9(1)(c) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court unless it is alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation or if the prosecution alleges the possession the subject of the charge was for a commercial purpose.
Possessing a dangerous drug (where it is a Schedule 1 or Schedule 2 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the drug does not exceed the quantity specified in Schedule 3 of the Drugs Misuse Regulation 1987)- s9(1)(d) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court unless it is alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation or if the prosecution alleges the possession the subject of the charge was for a commercial purpose.
Possessing relevant substances or things- s9A Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court unless it is alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation.
Possessing suspected property- s10A Drugs Misuse Act 1986 (Qld).
Must be finalised in the Magistrates Court.
Possession of a prohibited combination of items- s10B Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Possessing things (for use in connection with the commission of a drug offence, or the person has used in connection with a drug offence) – s10(1) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court.
Possessing things (not being a hypodermic syringe or needle for use in connection with the administration, consumption or smoking of a dangerous drug; or the person has used in connection with such a purpose)– s10(2) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Magistrates Court.
Possessing things (where a person supplies a hypodermic syringe or needle to another for use in connection with the administration of a dangerous drug)- s10(3) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Magistrates Court.
Possessing things (where a person possesses a hypodermic syringe or needle that has been used in connection with the administration of a dangerous drug who fails to dispose of such hypodermic syringe or needle in accordance with the procedures prescribed by regulation) - s10(4A) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Magistrates Court.
Possessing things (where a person possesses a hypodermic syringe or needle who fails to use all reasonable care and take all reasonable precautions in respect of such thing so as to avoid danger to the life, safety or health of another)- s10(4) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Magistrates Court.
Producing dangerous drugs (where it is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the thing is of or exceeds the quantity specified in Schedule 4 of the Drugs Misuse Regulation 1987)- s8(1)(a) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Producing dangerous drugs (where it is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the drug is of or exceeds the quantity specified in Schedule 3 of the Drugs Misuse Regulation satisfies the sentencing Judge they are a drug dependent person)- s8(1)(b)(i) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Producing dangerous drugs (where it is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and the quantity of the drug is of or exceeds the quantity specified in Schedule 3 of the Drugs Misuse Regulation 1987, but less than the quantity specified in Schedule 4 and the defendant does not satisfy the sentencing Judge they are a drug dependent person)- s8(1)(b)(ii) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Producing dangerous drugs (where it is a Schedule 1 drug and the quantity of the drug does not exceed Schedule 3 of the Drugs Misuse Regulation 1987) s8(1)(c) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Producing dangerous drugs (where it is a Schedule 2 drug and the quantity of the drug is or exceeds the quantity specified in Schedule 3 of the Drugs Misuse Regulation 1987) )- s8(1)(d) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Producing dangerous drugs (where it is a Schedule 2 drug and the quantity of the drug does not exceed the quantity specified in in Schedule 3 of the Drugs Misuse Regulation 1987)- s8(1)(e) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court unless it is alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation.
Producing relevant substances or things- s9C Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court.
Receiving or possessing property obtained from trafficking or supplying- s7 Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court if the supply charge for the offence relates to the supply of a Schedule 2 drug as specified in the Drugs Misuse Regulation 1987 and there is no circumstance of aggravation and it is not alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation.
Supplying a dangerous drug where it is a Schedule 1 or Schedule 2 drug as specified in the Drugs Misuse Regulation 1987 and the person to whom the thing is supplied is a minor under 16 years- s6(1)(a) and s6(1)(d) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Supplying a dangerous drug where it is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and the person to whom the thing is supplied is a minor who is 16 years or more or the person to whom the thing is supplied is an intellectually impaired person; or the person to whom the thing is supplied is within an educational institution; or the person to whom the thing is supplied is within a correctional facility; or the person to whom the thing is supplied does not know he or she is being supplied with the thing- s6(1)(b) Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Supplying a dangerous drug where it is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987 and there is no circumstance of aggravation - s6(1)(c) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Supplying a dangerous drug where it is a Schedule 2 drug as specified in the Drugs Misuse Regulation 1987 and the person to whom the thing is supplied is a minor who is 16 years or more, or the person to whom the thing is supplied is an intellectually impaired person; or the person to whom the thing is supplied is within an educational institution; or the person to whom the thing is supplied is within a correctional facility; or the person to whom the thing is supplied does not know he or she is being supplied with the thing- s6(1)(e) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Supplying a dangerous drug where it is a Schedule 2 drug as specified in the Drugs Misuse Regulation 1987 and there is no circumstance of aggravation - s6(1)(f) Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court unless it is alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation.
Supplying relevant substances or things- s9B Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Exception: This charge can be finalised in the Magistrates Court unless it is alleged the offence was committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q relating to participants in a criminal organisation.
Trafficking in a dangerous drug (where the drug is a Schedule 1 drug as specified in the Drugs Misuse Regulation 1987) – s5 Drugs Misuse Act 1986 (Qld).
Must be finalised in the Supreme Court.
Trafficking in a dangerous drug (where the drug is a Schedule 2 drug as specified in the Drugs Misuse Regulation 1987) – s5 Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
Trafficking in relevant substances or things- s9D Drugs Misuse Act 1986 (Qld).
Must be finalised in the District Court.
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