Court ordered drug diversion is a penalty imposed by a court which is primarily aimed to be rehabilitative. It involves the person being referred to a drug information and education session, to deter the use of illicit drugs and future charges. It should not be confused with police drug diversion, which has similarities, but has distinct eligibility criteria and is not a court ordered penalty.
Potts Lawyers have unmatched experience in representing clients charged with drug offences. As the oldest criminal defence firm on the Gold Coast and a leading firm in Brisbane, you can trust that your interests will be best protected by engaging one of our criminal lawyers.
Am I eligible for drug diversion?
A person’s eligibility for drug diversion depends on:
- The nature of the offence, with only certain minor offences being eligible; and
- The nature of the person’s prior criminal history.
Which offences are eligible?
Drug diversion is available for the following charge(s):
- Unlawful possession of a dangerous drug (for personal use only);
- Possession of things connected to the personal use of dangerous drugs;
- Possession of things used in connection with the administration, consumption or smoking of a dangerous drug;
- Possession of needles or syringes while failing to take reasonable care; and
- Possession of needles or syringes that have not been properly disposed.
However, the possession of the dangerous drug must be for what the law considers a minor amount. The amount depends on the type of drug identified. A table detailing the upper limits of each eligible drug is below.