POSSESSING A DANGEROUS DRUG
If you have been charged with possessing a dangerous drug and need urgent legal assistance, our team of expert drug lawyers are available to help you. Call us immediately on (07) 3153 6215.
What to do if you are accused of possessing a dangerous drug in Brisbane
If you have been charged with possessing a dangerous drug, you need legal advice from expert drug lawyers. Drug offences are taken seriously by the Courts and the penalties reflect this. For this reason, you need a drug lawyer who has a high level of experience in drug offences. Our Brisbane drug lawyers have the skills and experience to help you with your possession charge.
Possessing a dangerous drug in Queensland is a serious criminal offence which can have severe consequences. Queensland has strict drug laws to protect the public from the harm caused by illegal drugs. The police are committed to cracking down on drug-related activities.
The term “dangerous drug” refers to a variety of substances listed in the Drugs Misuse Act 1986. Dangerous drugs include substances such as cocaine, heroin, ecstasy, and cannabis. Being in possession of even a small quantity of these substances can lead to significant legal trouble.
If you are convicted of possessing a dangerous drug, the penalty will vary depending on a few things. Such things include the type of drug, the quantity of the drug, whether the drug was possessed for a commercial purpose and the surrounding circumstances.
There are 2 main situations where a person will be in possession of a dangerous drugs. These include “actual possession” where a person has physical possession of the drug. The second situation is where a person is in constructive possession. This means they do not have actual possession of the drug, but they are in control of a place where the drugs are.
If you are facing a drug charge in Queensland, you must get legal advice as soon as possible. Criminal Lawyers who specialise in drug charges can give guidance tailored to your specific situation. This will help to achieve you the best possible outcome.
If you plead guilty to possessing a dangerous drug, you may be eligible to take part in a drug diversion program. A drug diversion program aims to educate you about the harmful effects of dangerous drugs. There is strict criteria you will need to meet in order to be eligible to take part in a drug diversion program.
The criminal offence of possessing a dangerous drug in Queensland can result in significant penalties. If you are charged with the offence you need to act promptly and get advice from criminal lawyers. Taking action promptly will help improve the outcome of your case.
What does possession mean?
Possession means you:
* had physical control or custody of the drug; and
* you knew you had the physical control or custody of it.
If the dangerous drug is located in, or at a place you occupy, manage or control (for example your home) section 129(1)(c) of the Drugs Misuse Act (Qld) deems you to be in possession of the dangerous drug. You can rebut this presumption if you can show you neither knew nor had any reason to suspect the drug was in or on the place.
Types of Dangerous Drugs in QLD
There is a wide range of substances falling into the category of dangerous drugs in Queensland. The Drugs Misuse Act 1986 has categorised these drugs based on their potential for harm and abuse. Understanding the different types of dangerous drugs can help individuals avoid legal trouble and potential consequences.
Cocaine is one of the most well-known dangerous drugs. It is derived from the coca plant. Cocaine is a powerful stimulant known for its euphoric effects. Possessing even a small quantity of the drug can lead to severe penalties.
Ecstasy, known as MDMA, is a popular party drug classified as a dangerous drug in Queensland. It is a synthetic substance which is both a stimulant and hallucinogen. The drug is often found in the form of a tablet or a pill.
Cannabis (also known as marijuana) is another dangerous drug in Queensland. Cannabis is derived from the cannabis plant and the buds of the plant are used by individuals to smoke the drug. The drug is smoked in a bong (glass water pipe) or rolled up in rolling paper into a joint.
Methylamphetamine (also referred to as ICE) is a dangerous drug. It is not a natural substance and is one which is often produced in a drug laboratory.
There are many different types of dangerous drugs in addition to the ones mentioned above. The classification of dangerous drugs in Queensland changes over time with the creation of new drugs.
Queensland has strict laws regarding the possession of dangerous drugs. It is important to be aware of the different dangerous drugs and the potential penalties for possessing them. If you are facing a drug charge, it is important to get advice straight away from a specialist criminal lawyer.
Legal Advice for Drug Possession Offences
If you are facing a drug possession charge you should get legal advice. The penalties for drug possession charges can be severe. If you have an experienced criminal lawyer by your side this can make a difference in the outcome of your case.
The offence of possessing a dangerous drug usually arises from a police search. If the police did not follow the law when performing the search, then it may be deemed unlawful. If the search is unlawful, then your lawyer can apply to the court to have the search deemed inadmissible. If the court deems the search inadmissible, then the police will not be able to rely on the drugs located in your possession. The prosecution will then be forced to discontinue the charge against you.
A lawyer will guide you through the legal process and explain each step of the way to you so you can make informed decisions. They will advocate for your best interests and negotiate with the prosecution on your behalf. In court they can advocate for you to achieve you the most favourable outcome.
It is crucial to consult with a lawyer as soon as possible if you are facing drug possession charges. The earlier you get legal advice, the better chance you have of building a strong defence and minimising the consequences. Remember, a conviction for a possession charge can have lifetime consequences for you. Investing in strong legal representation is worth it.
Do not delay. Reach out to a trusted criminal lawyer today to make sure your rights are protected, and your case is handled effectively.
Maximum Penalty for a Dangerous Drug Possession Offence in QLD
If you are convicted of possessing a dangerous drug in Queensland this can have serious consequences for you. The maximum penalties for drug possession charges are detailed in the Drugs Misuse Act 1986. They are designed to deter you from committing drug related crimes.
The maximum penalty applicable for possessing a dangerous drug will vary for each case. The maximum penalty for this offence ranges from 15 years imprisonment to 25 years imprisonment. What is relevant is the type of drug in your possession, and the quantity of it. Drugs such as cocaine, heroin and methamphetamine are Schedule 1 drugs under the Drugs Misuse Act. If you possess a Schedule 1 drug, you can expect to receive a greater penalty than you would for other types of drugs. In some instances, you could be looking at a term of imprisonment.
Criminal Lawyers Brisbane Group, The Drug Offence Experts
If police charge you with a drug offence, the best thing you can do is arm yourself with a criminal defence lawyer. But, not any criminal lawyer. You want a criminal lawyer whose primary practice is drug offences. At the Criminal Lawyers Brisbane Group we focus on crimes involving sex, drugs and, no, not rock and roll, but fraud.
If you want the best result, you need the best Brisbane criminal lawyers. Contact the Criminal Lawyers Brisbane Group today for confidential expert advice. We represent clients throughout South-East Queensland. No matter where your criminal charge is, our drug lawyers can help you.
If you or someone you know needs help or advice about drug abuse or addiction you can contact the Queensland Health Alcohol and Drug Support (ADIS) on 1800 177 833.
If you have been
charged with a drug
contact us TODAY
for a FREE chat.
(07) 3153 6215