Being charged with Drug Possession in Queensland under s9

What should I do?

If you are found in possession of drugs, you should:

1. Do not admit ‘knowledge’: To be guilty of possession, police must prove you knew the drugs were there.¹ If drugs were found in a shared house or car, do not admit they belong to you.
2. Challenge the search: Often, drugs are found through police searches. If the police did not have “reasonable suspicion” to search you or your vehicle, the evidence may be excluded by the court.²
3. Check eligibility for Drug Diversion: If this is your first minor offence (specifically for cannabis or small amounts of other drugs), you may be eligible for a Drug Diversion program. This allows you to avoid a criminal record if you complete an education session.³
4. Do not do the interview: Even if you admit the drugs are yours “for personal use,” the police can use your phone messages to upgrade the charge to Supply, which carries much heavier penalties.

What does it mean?

Under Section 9 of the Drugs Misuse Act 1986 (Qld), a person who unlawfully has possession of a dangerous drug is guilty of a crime.⁴

The law defines possession very broadly. It includes having the drug in your pocket, in your house, or even in a place where you have control over it (like a storage locker). However, “knowledge” is the essential ingredient. If someone left a bag in your car without you knowing, you are technically not in possession.

What are the penalties?

Penalties depend on the Schedule of the drug and the Quantity:

• Schedule 1 (Cocaine, Heroin, Ice, MDMA): Up to 20 or 25 years imprisonment.⁵
• Schedule 2 (Cannabis, Steroids): Up to 15 years imprisonment.⁶
• Personal Quantities (Small amounts): Typically dealt with in the Magistrates Court with fines, probation, or Drug Diversion.

For a first offence, a lawyer can often argue for No Conviction Recorded. This is critical, as a drug conviction can result in immediate loss of employment in industries like aviation, mining, healthcare, and law.

Facing a drug charge? Contact Bell & Senior today. We specialize in challenging unlawful searches and negotiating for Drug Diversion to protect your future.