Drug Offence Lawyers Townsville
Criminal Lawyers For Drug Related Charges
Queensland has extremely strict and complex laws surrounding drug offences, especially when it comes to the unlawful possession of illegal drugs (in Queensland these are referred to as Dangerous Drugs).
Due to the wide-spread use of a variety of substances, recreationally and socially, it is extremely important to understand your legal rights when it comes to drug related offences, especially given the consequences that being convicted of even small amounts of these substances can have on you and your future.
If you find yourself under scrutiny by police for drug related matters such as possession, supply, manufacturing, or trafficking, obtaining early and comprehensive legal advice and assistance can greatly improve your chances of either defending the charge or getting you the best possible outcome should you find yourself having to appear before a court.
For legal assistance in drug related charges, contact Anderson Telford Lawyers today. Get in touch with us online or call us on 07 4721 5870 during office hours or after hours on 0418 762 728.
Types of Dangerous Drugs and Charges
The
Drugs Misuse
Regulation 1987 recognises two schedules of dangerous drugs with schedule one being the most serious. Some of the many drugs listed in those schedules are as follows:
- Schedule 1, Part 1 substances—cocaine, heroin, amphetamine, crystal meth, LSD, angel dust and ecstasy.
- Schedule 1, Part 2 substances—androgenic and anabolic steroidal substances.
- Schedule 2 substances—codeine, diazepam, ketamine, pethidine, morphine and cannabis.
There are many drug related offences you could be charged with under the law. Some of the main charges include as follows:
- Possession
- Supply
- Trafficking
- Manufacturing
- Item possession
If you have been charged with a drug offence there could be serious consequences depending on the severity of the charge. Penalties vary but include good behaviour bonds, fines, probation, community service orders and in more serious cases terms of imprisonment.
There are a number of defences available for drug related offending. Call us today to consult with one of our lawyers.
Are drug charges different in Queensland to other states and territories?
Australian drug laws vary significantly from State to State. What might be legal in one State may be illegal in another.
In Queensland the laws are complicated and varied. The primary legislative instrument that regulates these substances is the Drugs Misuse Act 1986 (Qld). This act comprises of over 150 pages and contains a myriad of offences, machinery provisions and legislation which regulates the legal process with respect to drug enforcement.
Queensland drug law does have some interesting idiosyncrasies as well. Did you know that in Queensland in certain circumstances, more than one person can be charged with possessing the same item?
You probably did not, but if drugs or drug paraphernalia are located in a common area of a residence, anyone that had knowledge and control of the item can be deemed to be in possession of it and therefore may be criminally liable for it. This law is called ‘deemed possession’.
Possessing Drugs
With reference to the list of the scheduled substances above — if any of them are in your possession and you can “exercise control” over that, you can be charged with a drug possession offence. That means you do not need to have the substance on your person.
You can also be responsible and charged with being in possession of dangerous drugs if you have dangerous drugs in your home, property or vehicle.
Another common misconception about Queensland drug laws are that you can only be held to be criminally responsible if you are the owner of the substance.
Criminal responsibility for drug possession applies to a much wider scope. For simple possession to be proved, it only needs to be established that you had both knowledge and control of the drug (control being the ability to access it), then as far as the law is concerned, you are in possession of it and are criminally responsible.
Other examples of situations that may see people fall foul of Queensland’s drug laws include:
- owners or persons in control of property can be held to be criminally responsible if they permit their property to be used for drug related purposes.
- You can be charged with supplying drugs simply based on text messages or social media discussions, even if they are months or years ago.
- You can also be charged with possession of drug paraphernalia, which includes any materials used to take or produce illegal drugs.
- If you are unsure about whether or not your activities constitute a criminal offence under Queensland drug laws, you will need to speak to a qualified lawyer.
When Can a Police Search For Drug Possession?
It is a common misconception that for police to search you, they always need a warrant. If police are searching your house with a warrant, they will give you a copy of the warrant and a notice to occupier which will explain your rights. Be sure to read these documents carefully. Ask to call a lawyer immediately. Do not obstruct the search of the property.
In Queensland, whilst it is generally the case that if police want to search your house, a warrant is required. There are circumstances where police can search your house if they do not have a warrant.
These include:
- If a police officer believes on reasonable grounds that there are drugs on the premises and they have a belief that obtaining a warrant may result in loss or destruction of evidence, they can search the property and apply for, what is called, a “post search approval order” this retrospectively validates the search.
- If police believe Domestic Violence has occurred or they are investigating an act of Domestic Violence, they can enter and search your dwelling for the purposes of investigating that matter and locating and seizing any weapons on the property.
- If police believe that a person who is wanted is inside the property they can enter the premises and search the property to locate the person.
Any drugs or drug paraphernalia located during any searches conducted for any of these reasons may be seized and can give rise to criminal charges.
It is important that if police attend and allege any of these circumstances and locate any drugs or things associated with drugs which police want to seize, you contact a lawyer as soon as possible. Do not answer any questions unless the police direct you to. If they offer you the opportunity to telephone a lawyer, take it.
Other Situations A Police Can Search You For Drug Possession
There are other situations in which a Queensland police officer may be able to search you. The following are the most common examples of situations where police can stop and search you, but others may exist:
- If they reasonably suspect you may have a dangerous drug in your possession. This can include a strip search as long as it is done by an officer of the same sex.
- Stop and search your vehicle if they reasonably suspect a situation exists that authorises them to do so.
- Use drug detection dogs in certain places.
- Police officers may also have the ability to search you in other situations without a warrant, including if you are arrested for an offence.
Importantly, you must not obstruct or assault police if they maintain that they are going to search you. It is best to co-operate and ask the police the reasons why the search is required.
Ask them if they are recording the encounter, most police in Queensland carry body worn footage which your lawyer will be able to request and view the encounter to ensure that your rights were not infringed.
Supplying Drugs
The
Drugs Misuse Act provides that a person who unlawfully supplies a dangerous drug to another whether or not such other person is in Queensland, is guilty of a crime.
The term 'supply' is defined in Section 4 of the
Drugs Misuse Act as: give, distribute, sell, administer, transport or supply or offering to do any of the above.
Trafficking Dangerous Drugs
Trafficking drugs involves the carrying on of a business of selling or distributing drugs. An offence might be advertising the products in any way, contacting and negotiating with potential buyers and receiving orders, and setting up supply channels. Anyone who is a part of the trading and supply chain can be charged.
Producing Dangerous Drugs
Cultivating prohibited plants includes growing and looking after them by, for example, watering them. Production of illegal drugs covers all activities related to the manufacture of the drugs, such as preparing, producing and packaging the drugs or offering to aid the process.
The offences can relate to anything from a fully-functioning meth lab to a single cannabis plant in your home. The penalty will depend on the quantity and the degree of involvement.
How Can ATL Help?
Call our dedicated phone line, available around the clock. ATL will set up an in-person or phone appointment to discuss the specifics of your case. Based on those discussions, ATL will prepare the best course of action for your defence with its solid foundation of more than 25 years' experience in criminal law.
Mobile Phones can provide proof of drug supply and trafficking
As modern technology has improved, our mobile phones and social media have become an important part of our lives.
Many people have personal information, conversations, photographs, and messages on their phones. These devices can be a literal treasure trove of information for investigating police.
Text messages and other messaging apps can provide proof of drug supply and trafficking offences dating back weeks, months, or years. For that reason it is important that if a police officer wants to access your mobile phone, you contact a solicitor immediately.
This is an evolving area of law and the courts continue to grapple with it.
Frequently Asked Questions
What is the Queensland drug legislation and penalties?
Drug possession offences are dependent on the type of drug being sold or in possession. In Queensland these are divided into three categories. These are as follows:
More serious penalties apply to drugs listed in Schedule 1 than in Schedule 2.
Schedule 1, Part 1 drugs include:
· heroin
· cocaine
· amphetamine
· methamphetamine (commonly known as ice, or crystal meth)
· phencyclidine (commonly known as angel dust)
· lysergide (commonly known as LSD)
· methylenedioxymethamphetamine (MDMA, commonly known as ecstasy)
· paramethoxyamphetamine (PMA) and paramethoxymethamphetamine (PMMA)—(drugs sometimes sold as ecstasy but more powerful).
Schedule 1, Part 2 drugs includes all anabolic and androgenic steroidal agents.
Schedule 2 includes (but is not limited to):
· cannabis
· morphine
· pethidine
· ketamine
· diazepam
· codeine
Penalties for drug possession and other drug-related offences vary depending on the amount and category of drug involved. For example, possessing a schedule 1 drug in high quantities can result in a maximum penalty of 25 years imprisonment. But if you possess drugs in other schedules and in lower quantities, you face penalties far less severe.
A qualified lawyer will be able to break down in more detail the type of penalty for the drug used and amount.
What should I do if I am asked to take part in a record of interview?
In Queensland, if a police officer wants to interview you for possessing a dangerous drug, they are required before they question you to warn you of your right to silence. They are also required to advise you of your right to contact a friend, relative or lawyer. You should always take this opportunity to contact a lawyer, explain the situation and take advice as to whether you should be interviewed.
The default position in most cases is that your lawyer will advise you not to answer any questions or take part in an interview by police. It is important if you receive this advice that you relay to the police officer that you have received legal advice and do not wish to answer any questions.
What do I do if I am charged with a drug offence?
If you are charged with a drug offence, you will likely receive either a notice to appear, or be arrested and taken to a watchhouse. Once at the watch house you will either be released on bail or remanded in custody. It is important that once you have been charged you speak to a lawyer as soon as you are able.
Many people believe that drug offences are not a serious matter, being convicted of a drug offence can have a significant impact on your life as it will preclude you from many government or public sector employment
opportunities.
It may also cause significant issues should you wish to travel at any point in the future. Many countries including the United States have restrictions about granting visas to persons charged or convicted with drug offences, particularly schedule 1 drugs.
Once you have contacted a lawyer, they will assist you by obtaining material, liaising with the prosecuting authorities and providing advice as to the strength of the crown case, the lawfulness of the investigation and your prospects of defending the matter, or whether there are limited prospects in defending the matter and you should plead guilty.
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