Being caught with drugs in Queensland is a serious matter. Under the Drugs Misuse Act 1986 (Qld), even a small amount for personal use can lead to drug charges. Early advice from an experienced drug lawyer on the Gold Coast or criminal defence lawyer in Queensland can make a decisive difference to your outcome.
What counts as “possession” in Queensland?
Possession is broader than many people realise. If you have knowledge of the substance and control over it, you may be considered “in possession” under Queensland law, even if the drugs are not physically on you or don’t belong to you.
- Constructive possession: Drugs found in a space you control (car, bedroom, locker, bag).
- Joint possession: More than one person can be deemed in possession at the same time.
- Lack of knowledge: If you genuinely didn’t know the drugs were there, this may be a defence.
Penalties for drug possession in Queensland
The penalty depends on the type of drug, the quantity, and your personal history.
- Minor amounts / first-time drug offence: You may be eligible for diversion or rehabilitation programs instead of a conviction.
- Larger amounts / repeat offences: Penalties can include significant fines and imprisonment, with harsher outcomes for schedule 1 drugs or where there are aggravating factors.
- No conviction recorded: In appropriate cases, the court can exercise discretion not to record a conviction, which we can argue for where suitable.
First-time offenders & diversion options
For eligible clients with small quantities and no significant criminal history, police or court diversion may be available. These programs typically involve assessment, education, or treatment. Completing diversion can help you avoid a recorded conviction and focus on rehabilitation.
What to do if you’re charged or under police investigation
- Stay calm and use your right to silence. Do not answer substantive questions without a lawyer present.
- Do not consent to searches (home, phone, vehicle) without clear legal advice.
- Get legal help immediately from a Gold Coast drug possession lawyer or Southport criminal lawyer.
How our Gold Coast & Beaudesert drug lawyers can help
At Christopher Hannay Legal Solutions, our experienced criminal defence team acts quickly to protect your rights and target the best outcome.
- Police procedure & search review: We examine whether the stop, search, and seizure were lawful and whether any evidence should be excluded.
- Knowledge & control: We test the prosecution case on possession, including constructive or joint possession issues.
- Charge negotiations: Where appropriate, we seek to reduce charges or amend facts.
- Diversion & rehabilitation: For suitable clients, we advocate for diversion programs and treatment pathways.
- Sentencing strategy: We prepare strong material to seek no conviction recorded where possible and proportionate penalties if sentenced.
Frequently asked questions
Will I go to jail for a small amount of drugs?
For small, first-time drug possession matters, courts often consider diversion or non-custodial options. Each case turns on its facts—speak to a lawyer early.
Do I have a defence if the drugs weren’t mine?
You may have a defence if the prosecution cannot prove knowledge and control. We assess the evidence and challenge unlawful searches or unreliable inferences.
Can I keep a conviction off my record?
In eligible cases, the court has discretion to order no conviction recorded. Your personal circumstances, the offence, and rehabilitation steps are important factors.
Need urgent help? Speak directly to an experienced drug offence lawyer in Queensland today.
📞 0414 478 551 (24/7 Emergency)
📧 goldcoast@chlegalsolutions.com.au
Local Offices
📍 Southport: 13 Hicks Street, Southport QLD 4215 | 07 5666 5665
📍 Beaudesert: 2/30 William St, Beaudesert QLD 4285 | 07 5666 5660
We serve clients across the Gold Coast, Southport, Beaudesert and throughout Queensland. Contact us today.