Drug Offences 2018-06-28T14:48:08+00:00

Drug Offences

Dangerous Drugs are categorised in 2 schedules. Schedule 1 drugs are the most serious drugs and schedule 2 drugs are less serious.

Section 6 of the Drugs Misuse Act states 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 as being to give, distribute, sell, administer, transport or supply. An offer to give, distribute, sell, administer, transport or supply may also amount to a ‘supply’ for the purposes of this offence.

Doing or offering to do any act preparer to giving, distributing, selling, administering, transporting or supply a dangerous drug may also be held to be a ‘supply’.

Dangerous Drugs are categorised in 2 schedules. Schedule 1 drugs are the most serious drugs and schedule 2 drugs are less serious.

Schedule 1 drugs include:

1. Amphetamine;
2. Cocaine;
3. Heroin;
4. Methylamphetamine;
5. 3, 4 – Methylenedioxymethamphetamine (MDMA); and
6. Numerous Steroid drugs.

Schedule 2 drugs include:

1. Cannabis;
2. Clenbuterol;
3. Codeine-N-Oxide;
4. Fentanyl;
5. Gamma hydroxybutyric acid (GHB);
6. Growth Hormone (hGH); and
7. Opium.

The maximum penalty for this offence varies depending upon the circumstances of the supply:

1. If the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (a) —life imprisonment; or

2. If the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —25 years imprisonment; or

3. If the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and paragraphs (a) and (b) do not apply—20 years imprisonment; or

4. If the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (a) —25 years imprisonment; or

5. If the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —20 years imprisonment; or

6. If the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and paragraphs (d) and (e) do not apply—15 years imprisonment.

For the purposes of this section, an offence is one of aggravated supply if the offender is an adult and—

(a) the person to whom the thing is supplied is a minor under 16 years; or
(aa) the person to whom the thing is supplied is a minor who is 16 years or more; or
(b) the person to whom the thing is supplied is an intellectually impaired person; or
(c) the person to whom the thing is supplied is within an educational institution; or
(d) the person to whom the thing is supplied is within a correctional facility; or
(e) the person to whom the thing is supplied does not know he or she is being supplied with the thing.

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Section 5 of the Drugs Misuse Act provides that:

A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime.

The maximum penalty for this offence is twenty-five (25) years imprisonment for trafficking in a schedule 1 drug (Methamphetamine, Cocaine, MDMA, Heroin ect) and twenty (20) years imprisonment for trafficking in a schedule 2 drug (Cannabis, Clenbuterol, Opium ect).

This offence involves the commercial enterprise of supplying/trading dangerous drugs. The term trafficking means to deal or trade in something illegal.

If you are charged with this offence your matter will be required to be committed to the Supreme Court of Queensland for Trial/Sentence.

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