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There are numerous offences a person can be charged with in relation to drugs. A mistake in your criminal proceedings can have detrimental effects on your future, which is why it’s important to seek legal advice as soon as possible from a reputable criminal lawyer.
With over 16 years’ experience in criminal law our Senior Associate Elizabeth Smith, oversees all criminal matters, to ensure your matter is handled with expert service & advice. Our team are here to guide you through the criminal law process from your initial meeting through to your Court outcome.
What is a Dangerous Drug?
Drugs listed under Schedule 1 are more serious drugs, which include but are not limited to:
- Amphetamine
- Cocaine
- Heroin
- Lysergide (LSD)
- Methylamphetamine
- MDMA & Ecstasy
Drugs listed under schedule 2 has over 100 less serious drugs, which includes but are not limited to:
- Cannabis
- Codeine
- Methadone
- Morphine
- Opium
- Oxycodone
- Psilocybin (also known as magic mushrooms)
What are Drug Offences?
The following are classed as a drug offence:
Possessing Dangerous Drugs
Possessing dangerous drugs is when a person has physical custody or control over a drug either on them physically, or in a house or property they occupy.
Possession does not necessarily mean ownership.
Producing Dangerous Drugs
Producing drugs is when a person takes part in any act required to prepare, produce or manufacture a drug.
Supplying or Trafficking Dangerous Drug
Supplying or trafficking a drug is when a person is supplying dangerous drugs for commercial gain, or if you have passed a prohibited drug onto others, for example your friends.
Importing Dangerous Drugs
Importing drugs is when a person imports or exports border-controlled plants and drugs.
What are the Possible Consequences?
The maximum penalty of your offence will depend on the type & quantity of drugs you have, and whether you were the drug dependent.
Below are the possible maximum consequences for being charged with a drug offence:
| Charge | Possible Consequence |
| Possession of Dangerous Drug | Up to 15 – 25 years imprisonment depending on type/quality |
| Production of Dangerous Drug | 15 – 25 years imprisonment depending on type/quality |
| Supplying of Dangerous Drug | life (maximum) |
| Trafficking Dangerous Drugs | Schedule 1 Drugs – 25 years imprisonment Schedule 2 Drugs – 15 to 20 years imprisonment |
| Importing Dangerous Drugs | Life of imprisonment OR; 7,500 penalty units ($154.80 = 1 penalty unit.) Or in some cases, both. |
What Do I Do if I Have Been Charged with a Drug Offence?
Criminal matters are complex in nature and usually time sensitive, missing a deadline or Court date can have serious ramifications.
If you or someone you know has been charged with a Drug Offence, the consequences can be detrimental to your life, which is why it’s important to seek legal advice about the situation as soon as possible.
We will help guide you through the process, and ensure you understand what is happening and what your options are to obtain the best result possible.
What can PD Law Help With?
- Provide expert legal advice
- Liaising with Counsel and other relevant parties
- Preparing Brief of Evidence
- Comprehensive preparation for sentence including researching comparative cases
- Preparing & representing you in Court
If you or someone you know needs assistance with a criminal matter, contact our criminal lawyers today.
Our Criminal Law Blogs and Podcasts
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Are You At Risk of Losing Your Licence? Have you: been caught doing more than 40km/hr over the speed limit; or lost more demerit points after being placed on a good behaviour period for 12 months. If you need your licence to keep your job, or to get to and from work, or for other… Read More »Are you at risk of losing your licence? You may be eligible for a Special Hardship Order.
Drivers Licence in Jeopardy? If you’ve found yourself in a situation where your driver’s licence is in jeopardy, due to being caught by police with drugs or alcohol in your system, you might still have options. A restricted work licence is available in certain circumstances where: You’ve been charged by police with drink driving, and… Read More »Are you about to lose your drivers licence? You may be eligible for a restricted work licence.
PD Law Welcomes CRIMINAL LAWYER Elizabeth Smith to the team When Elizabeth Smith was at school she knew that she liked to argue and negotiate, and so when it came time to decide what to do with herself, the law seemed like the right fit. Elizabeth attended Bond University and studied for her Bachelor of… Read More »From police prosecutor to criminal lawyer