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 Brisbane
Unlawfully possessing a dangerous drug is a criminal offence in Brisbane, Queensland. The prosecution need to prove you were in possession of the drug. They do not have to prove you had knowledge of the drug being in your possession.
Unlawfully possessing a dangerous drug is a criminal offence in Brisbane, Queensland. The prosecution need to prove you were in possession of the drug. They do not have to prove you had knowledge that the thing in your possession was a drug.
What does possession mean in Brisbane?
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.
How are illegal drugs classified in Brisbane?
Dangerous drugs are identified in schedules 1, 2 and 5 of the Drugs Misuse Regulation (Qld). For example, Schedule 1 of the Drugs Misuse Regulation (Qld) states Schedule 1 dangerous drugs include, but are not limited to:
♦ 3,4-Methylenedioxymethamphetamine (MDMA).
♦ Paramethoxyamphetamine (PMA).
♦ Paramethoxymethamphetamine (PMMA).
What are the penalties for possessing a dangerous drug in Brisbane?
The maximum penalty for this offence ranges from 15 years imprisonment to 25 years imprisonment. The maximum penalty depends on the what the dangerous drug is (whether it is a Schedule 1, 2 or 5 drug) and the pure weight of the drug.
For more information or to discuss an individual case with our team of Brisbane drug offence lawyers contact us on (07) 3153 6215.
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