Drug Diversion Queensland
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.
What is drug diversion?
The Illicit Drug Court Diversion Program (more commonly known as drug diversion) is a sentencing option for offenders pleading guilty to minor drug offences.
This program allows the court to deal with the defendant by imposing a good behaviour bond with a special condition that they attend a once off drug information and education session. A recognisance amount is attached to the good behaviour bond, which you are not required to pay unless you breach the bond.
Drug diversion can be an excellent result for our clients because it means that the court cannot record a conviction on their criminal history.
The drug information session is usually 1-2 hours long and can be arranged at a variety of locations across Queensland. You can bring a support person with you to your drug diversion session.
Am I eligible for drug diversion?
To be eligible for drug diversion, you must be pleading guilty to one or more of the following offences:
- Possessing a dangerous drug— if the drug was for personal use and is a small quantity (which is prescribed in the legislation). Only certain drugs are eligible for the drug diversion program.
- Possess anything used in connection with the commission of a crime – if the thing was for personal use;
- Possess things used for the administration, consumption or smoking of a dangerous drug;
- Fail to take reasonable care of a syringe; or
- Fail to dispose of a syringe.
There are also circumstances in which you may be ineligible for drug diversion. For example, if you have had 2 diversion attempts in the past.
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.