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WHAT TO KNOW ABOUT SCHEDULE 1 DRUGS VS SCHEDULE 2 DRUGS

Written by Criminal Lawyers Brisbane Group

25 February 2022

The penalties for drug offences in Queensland are high. If police catch you having anything to do with drugs, this may cause significant negative consequences for you. The penalties for drug offences vary depending on many factors, including the type of drug.

In Queensland the Drugs Misuse Act categorises drugs into different Schedules. Schedule 1 and 2 drugs are the most significant. The Schedules are in the Drugs Misuse Regulation 1987. This article will explain the different drugs falling into each Schedule and the penalties someone may face if they possess the drug, supply the drug or trafficking in these drugs.

The quantity of the drug involved is a factor that impacts the penalty for drug offences. For example, a person found in possession of a gram of cannabis will receive a more lenient sentence than someone who is in possession of a 1 kilogram. While they are both cannabis, the quantity of the drug will have a role to play in the penalty a person ultimately receives.

This article explains the different drugs in Schedule 1 and 2 and the penalties involved.

SCHEDULE 1 DANGEROUS DRUGS IN QUEENSLAND

Schedule 1 drugs include, but are not limited to:

  • Amphetamine
  • Cocaine- also known as Coke, blow, flake, candy, nose candy, pepsi, coca puffs, “C”, Charlie, toot, gold dust, AKA, Vitamin C, snow, girl, glass, the real thing, white lady, o.k., okey doke.
  • Heroin- also known as Smack, horse, junk, skag, shit, brown, Harry, boy, “H”.
  • Lysergide- also known LSD.
  • Methylamphetamine- also known as meth, speed, crank, ICE,
  • 3,4-Methylenedioxymethamphetamine (MDMA)- also known as ecstasy, “E”, Roundies, Ekkies, Molly.
  • Paramethoxyamphetamine (PMA)- also known as Death, Dr Death, Pink Ecstasy, Red Mitsubishi, Killer, Chicken Powder, Chicken Yellow.
  • Paramethoxymethamphetamine (PMMA)- also known as Death, Dr Death, Pink Ecstasy, Red Mitsubishi, Killer, Chicken Powder, Chicken Yellow.
  • Phencyclidine also known as Angel Dust, Crazy Coke, Gorilla Biscuits.

SCHEDULE 2 DANGEROUS DRUGS IN QUEENSLAND

Schedule 2 drugs include, but are not limited to:

  • Alprazolam
  • Bromazepam
  • Cannabinoids other than tetrahydrocannibinols
  • Cannabis
  • Clonazepam
  • Diazepam
  • Ephedrine
  • Fentanyl
  • Flurazepam
  • Gamma hydroxybutyric acid (GHB)
  • Ketamine
  • Lorazepam
  • Lysergic acid
  • Methadone
  • 3,4-Methylenedioxyamphetamine (MDA)
  • 3,4-Methylenedioxyethylamphetamine (MDEA)
  • Morphine
  • Opium
  • Oxycodone

DRUG OFFENCES

If police charge you with a drug offence you must get legal advice from Brisbane Criminal Lawyers.

In Brisbane, Queensland, it is illegal to be in possession of a dangerous drug. Possession can include being in physical possession of the drug. For example, you have the drug in your pocket. The law also says some persons are deemed to be in possession of a drug even if they do not physically have it on them. For example, if you own a shed and drugs are located in it, then you will be deemed to be in possession of the drugs.

In Brisbane, Queensland it is illegal to supply a dangerous drug to someone. Supplying a dangerous drug encompasses a wide variety of circumstances. The law says if you give, distribute, sell, administer, transport or supply a dangerous drug to someone then you are guilty of supplying a dangerous drug. If you offer to do any of these things the law says you are also guilty. If you do or offer to do any act preparatory to either of these things, then the law says you are guilty of supplying a dangerous drug.

Trafficking in a dangerous drug in Brisbane, Queensland is illegal. If the police believe you are carrying on a business in dangerous drugs you will likely be charged with trafficking. If you supply illegal drugs to numerous persons on numerous occasions, then you will likely be charged with trafficking.

In many situations, a person who supplies illegal drugs to persons on multiple occasions will find themselves being charged with trafficking.

It is an offence to possess items you intend to use for the purpose of a drug offence. For example, if police locate you in possession of a bong, needle or syringe, scales you will likely be charged.

Producing illegal drugs in Brisbane Queensland is also an offence. For example, if you grow your own cannabis, then this is illegal.

PENALTIES

The penalties for drug offences vary widely depending on the offence you are charged with.

If you are charged with trafficking in a dangerous drug the maximum penalty for this offence is 25 years imprisonment.

If you supply a Schedule 1 drug you face a maximum penalty of 20 years imprisonment. The maximum penalty increases if it is an aggravated supply. Please see below when

The law deems certain supplies of dangerous drugs as aggravated supplies. If police charge you with an aggravated supply, then you will face a greater penalty than had the supply not been. We detail the circumstances where the law deems a supply as an aggravated supply.

If you supply the dangerous drug to any of the following, then it will be deemed an aggravated supply:

  1. a minor under 16 years.
  2. a minor who is 16 years or more.
  3. an intellectually impaired person.
  4. within an educational institution.
  5. within a correctional facility.
  6. the person being supplied the dangerous drug does not know he or she is being supplied with the thing.

While the maximum penalty for drug offences are always imprisonment, a term of imprisonment will not always be imposed. For example, you may be sentenced to a Probation Order, Community Service Order, Intensive Correction Order.

HOW WE CAN HELP

The Criminal Lawyers Brisbane Group are experienced criminal lawyers who can provide expert advice in relation to Schedule 1 or Schedule 2 drugs and the offences associated with them.

Contact our Brisbane Criminal Lawyers today on (07) 3153 6215 for a free chat about how we can help you.

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