Possessing Dangerous Drugs In Queensland

One of the most common drug offences we see as criminal lawyers is possessing dangerous drugs under section 9 of the Drugs Misuse Act 1986 (Qld).

The seriousness of a possess dangerous drugs charge depends on: 

• The type of drug 

• The quantity possessed 

• The person’s personal circumstances and criminal history 

What is Possessing Dangerous Drugs? 

Under section 9 of the Drugs Misuse Act 1986 (Qld), a person commits an offence if they unlawfully possess a dangerous drug. This includes having physical possession of a drug but can also include circumstances where the drug is located in the person’s vehicle or residence.

What is a dangerous drug?

Dangerous drugs are listed in schedule 1 and schedule 2 of the Drugs Misuse Regulation 1987 (Qld).

Common Schedule 1 drugs in Queensland include: 

• Methamphetamine (Ice) 

• Cocaine 

• Heroin 

• MDMA (Ecstasy) 

• Lysergide (LSD) 

Common Schedule 2 drugs in Queensland include: 

• Cannabis (Marijuana / Weed) 

• Psilocybin (mushrooms) 

• Oxycodone (without prescription)

• Ketamine 

• Fentanyl 

• Gamma hydroxybutyric acid (GHB) 

• Morphine (without prescription) 

What is the maximum penalty? 

The maximum penalty for possessing dangerous drugs in Queensland depends on the type and quantity of the drug possessed. Possession of a schedule 1 drug is more serious then possession of a schedule 2 drug.

At the lowest level, possessing a dangerous drug under the schedule 3 amount carries a maximum penalty of 15 years imprisonment. Despite the significant maximum penalty, first-time offenders convicted of possessing small quantities of drugs for personal use are often given fines or drug-diversion by the court. 

More serious possessing dangerous drug offences carry maximum penalties of 20 or 25 years imprisonment. Terms of actual imprisonment are often imposed for possessing large quantities of drugs, particularly where the possession was for a commercial purpose, i.e. for the purpose of selling the drugs to others. 

In determining the appropriate penalty, the court also considers the offenders personal circumstances, criminal history and whether they were drug dependant.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.