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Possession of a dangerous drug is enough to cause liability – despite the offender’s intended purpose for the drug. A person is liable for dangerous drug possession if they have dangerous drugs in their custody and police can prove that the drugs are within their physical domain.
The maximum sentence for drug possession depends on the quantity possessed.
Production of a Dangerous Drug
If a person has been involved in the production of a dangerous drug then they are liable to be charged accordingly. There are limited defences to production of a dangerous drug unless a person can prove that the drug is not harmful, the production was lawful or their involvement did not contribute to the production.
To be liable a person must have been involved in the preparation, cultivation, packaging, harvesting or any other stage of production of a dangerous drug.
The maximum penalty for producing a dangerous drug is 25 years imprisonment.
Drug trafficking is dealt with under section 5 of the Drug Misuse Act 1986. The act stipulates that anyone who ‘carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime’.
A person is liable if it can be proven that they ‘carried on a business’ i.e. there is proof of transactions over a period of time, and a person ‘trafficked’ – meaning they traded and sold a dangerous drug.
The maximum penalty for trafficking drugs is 25 years imprisonment.
Supplying Dangerous Drugs
In accordance with section 6 of the Drug Misuse Act 1986, a person who unlawfully supplies a dangerous drug to another, whether or not the other person is in Queensland, is guilty of a crime. Supplying dangerous drugs is a similar offence to trafficking although police will not need to prove that transactions took place for a certain period.
The maximum penalty for supplying a dangerous drug is 25 years imprisonment.
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If you require detailed information on the Legal Aid process, eligibility requirements or would like to make an application visit Legal Aid Queensland’s website or access the Factsheet ‘Can I get Legal Aid‘.
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