Sections 10 and 10A of the Drugs Misuse Act 1986 (Qld) (the Act) create the offences of possessing various items when the item is connected to a drug offence. The various offences each carry different penalties and considerations.
Under section 10(1), it is an offence to possess an item for use in the connection of the commission of a drug offence and carries a maximum penalty of 15 years imprisonment. This can include items such as a phone, used in connection to supplying dangerous drugs.
Under section 10(2) it is an offence to possess an item for the administration, consumption or smoking of a drug. This can include items such as a pipe or bong. This offence carries a maximum penalty of 2 years imprisonment.
Under section 10A(1), the Act gives a much wider definition to possession of property and carries a maximum penalty of 2 years imprisonment. It includes property reasonably suspect of:
Property under this offence can include cash, clip seal bags, grinders, bowls or containers used to store dangerous drugs, scissors, or scales.
The other main kinds of drug offending are:
If the police have confiscated property they claim to be related to a drug offence, or you have been charged with possessing anything related to a drug offence, we can provide you with advice on your options and represent you in Court. If you would like to speak to a specialised criminal defence lawyer call us on 07 3229 4459.
For more information regarding drug offences and the sentencing options available, follow the links below.
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000