Drug Charges

Drug charges cover a range of offences under Queensland law, including possession, supply, cultivation, production, trafficking, and importing or exporting illegal substances. The severity of these charges depends on the type and amount of drugs involved, with penalties generally escalating for harder substances, larger quantities, or purer samples. Cases often hinge on evidence gathered by police, such as surveillance, searches, and testimonies from informants.

Rawlings McShane Lawyers has extensive experience in representing clients facing drug charges across various substances, including methylamphetamine (ice), amphetamine, heroin, cocaine, MDMA, LSD, GHB, cannabis, synthetic cannabis, steroids, and drug driving. Our team vigorously defends clients by challenging all aspects of the evidence, from undercover operations and informant statements to potential unlawful searches and telephone intercepts.

The Drugs Misuse Act 1986 (Qld) outlines specific offences, including drug trafficking, supplying, producing, and possessing dangerous drugs. It also covers offences related to the possession of materials and equipment used to manufacture drugs, allowing premises for drug activity, and having suspected drug-related property. At Rawlings McShane Lawyers, we strive to address each legal issue comprehensively, working to protect our clients’ rights and seek the best possible outcome in every case.

While the Drugs Misuse Act does not provide a specific legal definition for possession, three essential elements must be established for a charge of possessing a prohibited drug: knowledge of the drug’s existence, control over the drug, and that the drug is illegal to possess. The prosecution bears the burden of proving these elements beyond a reasonable doubt.

Rawlings McShane Lawyers has extensive experience defending individuals charged with possession, including those accused of holding drugs that belonged to someone else. Just because police discover drugs in your home or vehicle does not automatically equate to possession; the circumstances of each case are critical. For instance, the law presumes that the manager or occupant of a location is in possession of any drugs found there unless they can demonstrate a lack of knowledge or reasonable suspicion of the drugs’ presence.

This complexity often arises in family situations, such as when parents suspect their teenager is hiding drugs at home. In such cases, police might charge the parents, who must then prove they were unaware of or had no reasonable suspicion of the drugs in their residence. Possession can be established through physical custody of the drug or control over it; for example, if you hold a joint at a party, even for a moment, you may be deemed guilty of possession. Given the intricate nature of drug possession laws, it’s vital to consult with us for personalised legal advice regarding your specific situation.

What Does ‘Supply Dangerous Drugs’ Mean in Queensland?

In Queensland, supplying dangerous drugs is a serious offence under the Drugs Misuse Act 1986, carrying significant penalties. Many people assume that “supply” only refers to selling drugs, but the law is much broader. It includes giving, sharing, distributing, offering, transporting, or even arranging to supply a dangerous drug. You can be charged with supply even if no actual exchange takes place or if you were simply passing drugs between friends.

The penalties for supplying dangerous drugs depend on factors such as the type and quantity of drugs involved, whether the alleged supply was to a minor, and whether it took place in an educational or correctional facility. More serious cases can lead to lengthy prison sentences, while lesser offences may result in fines or community-based orders.

Drug charges can be complex, and a strong legal defence is essential to protect your rights. If you are facing allegations of drug supply, contact our experienced criminal defence team for expert advice and representation.

The term “produce” encompasses a wide array of activities, including preparation, manufacture, cultivation, packaging, and offering to perform any of these actions. Essentially, it includes anything preparatory to or in furtherance of drug production. The broad definition means that many actions not typically associated with “production” can still be criminalised.

For example, actions such as weighing and bagging cocaine or drying and picking cannabis fall under this definition. Cultivation requires a deliberate act but can include activities like watering plants, growing seeds, harvesting, and stacking the final product.

Penalties for drug production vary significantly based on factors such as the specific acts involved, the schedule classification of the drug, the duration of the production process, and the quantity of drugs produced. The courts take drug production seriously, and the consequences can be severe, reflecting the seriousness with which the law treats the illegal drug trade. At Rawlings McShane Lawyers, we understand the complexities of drug production charges and are dedicated to providing strategies tailored to your unique circumstances.

Possessing items associated with drug offences is a serious matter, with penalties of up to 15 years in prison. This includes items used for the transport of drugs, such as motorbikes or boats, which can also be subject to forfeiture applications by the Crown.

Additionally, possessing items (excluding syringes or needles) intended for the administration, consumption, or smoking of a dangerous drug constitutes an offence. Common examples include pipes or bongs used for smoking substances like cannabis or ice.

To successfully prosecute this offence, the prosecution must demonstrate that the accused either previously used the item for drug-related activities or intended to do so in the future. However, it is not an offence to possess a drug utensil previously used by someone else if the accused does not plan to use it again. Understanding these nuances in the law is critical, and at Rawlings McShane Lawyers, we are prepared to defend your rights and address the complexities of your case effectively.

Drug trafficking is one of the most severe offences under Queensland law, carrying penalties of up to 25 years in prison, depending on the type of drug involved. Defined by section 5 of the Drugs Misuse Act 1986, trafficking involves unlawfully conducting a business that distributes dangerous drugs.

The maximum penalty is 25 years for schedule 1 drugs, such as methamphetamine, and 20 years for schedule 2 drugs like cannabis. Trafficking does not require a large-scale operation; even small-scale transactions can lead to trafficking charges. However, in certain circumstances, individuals may negotiate down to lesser charges of possession or supply, which can significantly affect sentencing outcomes.

Given the grave consequences associated with drug trafficking convictions, it is crucial to seek legal representation immediately if you or a loved one faces such charges. At Rawlings McShane Lawyers, our experienced team is ready to defend your rights and navigate the complexities of your case.

Importing and exporting prohibited drugs are serious Commonwealth offences often involving complex networks of individuals. These offences require the prosecution to prove that the accused knowingly attempted to import or export illegal substances. This can include not only the act of physically transporting drugs but also assisting in the operation, such as providing transport or financing the transaction.

Due to the intricate nature of these cases, prosecutors frequently rely on legal concepts such as conspiracy, joint commission, or accessorial liability to hold all parties accountable. Given the severe penalties associated with drug importation and exportation—often among the harshest imposed by the courts—it is crucial to seek skilled legal representation. At Rawlings McShane Lawyers, our experienced team is dedicated to defending your rights and navigating the complexities of drug importation cases, ensuring you receive competent and thorough legal assistance.

When faced with drug charges, understanding the potential penalties is crucial. Courts have a range of options for sentencing, each varying in severity and impact on the individual’s life.

1. Imprisonment: The most severe penalty, imprisonment does not always equate to time served in jail. Alternatives may include immediate parole, suspended sentences, or Intensive Correction Orders (ICOs). Skilled legal representation, like that from Rawlings McShane Lawyers, can advocate for non-custodial sentences.
2. Intensive Correction Order (ICO): An ICO mandates adherence to specific conditions, often involving rehabilitative programs and close monitoring by the court.
3. Probation: Courts can issue a Probation Order either independently or as part of a prison sentence, allowing individuals to serve a period of time in jail followed by probation upon release.
4. Community Service Order (CSO): A CSO requires individuals to perform unpaid community work, typically ranging from 6 to 12 months, for up to 240 hours.
5. Recognisance: This is a commitment to behave well for a designated period, often secured by a surety, where the individual agrees to pay a certain amount if they breach the terms.
6. Fines: Courts can impose monetary fines that the individual must pay to the state.
7. Drug Diversion: For minor drug offences, diversion programs can help keep charges out of the court system, protecting the individual’s clean criminal record. Rawlings McShane Lawyers can guide clients through the requirements for acceptance into these programs.

In cases where penalties other than imprisonment are imposed, courts may sometimes be persuaded not to record a conviction, helping individuals avoid complications in employment or travel.