Supplying Dangerous Drugs

Potts Lawyers > Drug Offences Queensland > Supplying Dangerous Drugs

Supplying a dangerous drug is a serious criminal offence in Queensland. The penalties range from a fine up to and including imprisonment.

The meaning of “supplying” is very broad, and includes “giving, distributing, selling, administering, and transporting”. If you or someone you know has been charged with supplying a dangerous drug, call one of our Drug Lawyers today for expert advice.

What must the police prove?

To be convicted of supplying dangerous drugs, the police must show beyond a reasonable doubt that:-

the accused person supplied, offered to supply, or undertook any preparatory act to supply
a dangerous drug.

Possible Defences

There are a number of defences to a charge of supplying dangerous drugs. These include:-

that the drug in question was not a dangerous drug;
mistake of fact;
duress – that the accused person was not acting with free will; and
necessity.

Each case depends on its own circumstances. Our Drug Lawyers will provide you with expert advice about any defences that may be available to you.

The following drug charge article was written by a practicing criminal lawyer with experience in drug charges. For information on other drugs charges, visit our Drug Charges home page.

What is the Law on Supplying Dangerous Drugs?

Section 6 of the Drugs Misuse Act states that:

A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.

What does the prosecution have to prove?

To find you guilty of supplying dangerous drugs, the prosecution would have to prove the following elements beyond a reasonable doubt:-

That you unlawfully (I.e. without a defence or an excuse – see below for more);
Supplied (see below for more);
A dangerous drug (see below for more);
To another.

What does supply mean?

The term “supply” is defined in section 4 of the Drugs Misuse Act as:-

Give (or offering to give);
Distribute (or offering to distribute);
Sell (or offering to sell);
Administer (or offering to administer);
Transport (or offering to transport); or
Supply (or offering to supply).

It is also considered “supply” to do (or offer to do) any act preparatory to giving, distributing, selling, administering, transporting, or supplying the dangerous drug.

What are Dangerous Drugs?

A dangerous drug is a thing that is listed in either Schedule 1 or Schedule 2 of the Drugs Misuse Regulation 1987.

Schedule 1 lists more serious drugs, including (but not limited to):-

Amphetamine;
Cocaine;
Heroin;
Lysergide;
Methylamphetamine; and
3,4-Methylenedioxymethamphetamine (MDMA) (Ecstasy).

Schedule 1 also lists steroid drugs.

Schedule 2 lists over 100 less serious drugs. Some of these drugs are only listed if they are not in specified type of medicinal preparation. Drugs listed in Schedule 2 include (but are not limited to):-

Cannabis;
Codeine;
Methadone;
Morphine;
Opium; and
Oxycodone;
Psilocybin (magic mushrooms).

A dangerous drug can also include things that:-

have a chemical structure that is substantially similar to the chemical structure of a dangerous drug in Schedule 1 or 2; or
have a pharmacological effect that is substantially similar to the pharmacological effect of a dangerous drug in Schedule 1 or 2; or
is intended to have a pharmacological effect that is substantially similar to the pharmacological effect of a dangerous drug in Schedule 1 or 2.

What is the Maximum Penalty?

The maximum penalty for supplying dangerous drugs varies depending on the type of drug, the quantity of the drug, and whether there are circumstances of aggravation.

	Maximum Penalty
The dangerous drug is specified in the Drugs Misuse Regulation 1987, schedule 1 and the offence is one of aggravation because the drug was supplied to a minor under 16 years old.	Life Imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation 1987, schedule 1 and the offence is one of aggravation because the drug was supplied: to minor over 16 years old; or to an intellectually impaired person; or within an educational institution; or within a correctional facility; or to someone who does not know he or she is being supplied with the drug.	25 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation 1987, schedule 1, but there are no circumstances of aggravation.	20 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation 1987, schedule 2 and the offence is one of aggravation because the drug was supplied to a minor under 16 years old.	25 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation 1987, schedule 2 and the offence is one of aggravation because the drug was supplied: to minor over 16 years old; or to an intellectually impaired person; or within an educational institution; or within a correctional facility; or to someone who does not know he or she is being supplied with the drug.	20 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation 1987, schedule 1, but there are no circumstances of aggravation.	15 years imprisonment

Is a Gift Considered “Supplying”?

The definition of “supplying” a dangerous drug has been extended by case law to include “gifting” a dangerous drug.

There may be a defence open to you of honest and mistaken belief that the “gift” was something other than a dangerous drug.

Are there any defences open to me?

There are a number of defences to a charge of supplying dangerous drugs. These include:-

that the drug was not a dangerous drug;
mistake of fact (i.e. that you had an honest and mistaken belief that it was not a dangerous drug); and
duress (i.e. that you were not acting with free will).

Which court will this be in?

Supplying a Dangerous Drug is an indictable offence, and is heard in the District Court.

Would I need a lawyer?

A conviction for supplying dangerous drugs (even small amounts of drugs) is a serious matter that can have a major impact on your life and future. We strongly recommend that you talk to one of our lawyers, who can assist you by:-

Advising on your prospects of contesting a charge;
Guiding you through the court process;
Negotiating with the prosecution;
Suggesting ways to reduce penalty and the impact on your future;
Reducing some of your stress by answering the difficult questions; and
Appearing for you in court.

	Maximum Penalty
The dangerous drug is specified in the Drugs Misuse Regulation, schedule 1; and Is of or exceeds the quantity specified in schedule 4.	25 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation, schedule 1; and Is of or exceeds the quantity specified in schedule 3 but is less than the quantity specified in schedule 4; and The accused satisfies the Court that they were a drug dependent person at the time of committing the offence.	20 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation, schedule 1; and Is of or exceeds the quantity specified in schedule 3 but is less than the quantity specified in schedule 4; and The accused does not satisfy the Court that they were a drug dependent person at the time of committing the offence.	25 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation, schedule 2; and Is of or exceeds the quantity specified in schedule 3.	20 years imprisonment
The dangerous drug is specified in the Drugs Misuse Regulation, schedule 1 or 2; and Is less than the quantity specified in schedule 3.	15 years imprisonment

Who is a drug dependent person?

A drug dependent person is someone who, as a result of repeated drug use, demonstrates impaired control or drug-seeking behaviour that suggests impaired control over their continued use of the drug.

They also suffer, or are likely to suffer, mental or physical distress or disorder, when the drug use ceases.

What are the quantities in Schedules 3 and 4?

The specified quantities listed in schedules 3 and 4 of the Drugs Misuse Regulation are relevant to the penalty (see above).

Some examples of schedules 3 and 4 quantities include:-

Schedule 1 drugs
Drug	Schedule 3	Schedule 4
Amphetamine	2.0g	200g
Cocaine	2.0g	200g
Lysergide (LSD)	0.004g	0.4g
Methylamphetamine	2.0g	200g
MDMA (ecstasy)	2.0g	200g

Schedule 2 drugs
Drug	Schedule 3
Cannabis	500g

Are there any defences open to me if I am charged with possessing a dangerous drug?

There are a number of defences to a charge of possessing dangerous drugs. These include:

that the drug was not a dangerous drug;
mistake of fact (i.e. that you had an honest and mistaken belief that it was not a dangerous drug); and
duress (i.e. that you were not acting with free will).

If I am charged with possessing a dangerous drug, which court will my matter be in?

Possessing a dangerous drug is an indictable offence if the prosecution are alleging that you were in possession of the dangerous drug for a commercial purpose. If this is the case, the matter will be heard in the Supreme Court.

If it is not alleged that the drugs were possessed for a commercial purpose, the prosecution may elect to have the matter dealt with summarily, which means that the matter will be heard in the Magistrates Court.

Am I eligible for Drug Diversion?

Section 122A of the Drugs Misuse Act states that:-

The court may, if the person is eligible under the Police Powers and Responsibilities Act 2000, section 379 to be offered an opportunity to attend a drug diversion assessment program, order the person to attend, and complete, a drug diversion assessment program as directed by a police officer.

Drug Diversion includes a combined assessment, education and counselling session with a qualified health service provider. Attending a Drug Assessment and Education Session means that you will not have a conviction recorded for the minor drug offence. Drug diversion may be offered twice.

You are eligible to be offered to attend a drug diversion assessment program if you:-

Are charged with a minor drug offence; and
Have not committed another indictable offence in circumstances that are related to the minor drug offence; and
Have not previously been sentenced to serve a term of imprisonment for an offence of trafficking, supplying, or producing dangerous drugs, or trafficking in relevant substances or things ; and
Have not previously been convicted of an offence involving violence against a person or, if you have been convicted of an offence involving violence against a person, the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and
Have admitted to committing the minor drug offence during an electronically recorded interview; and
Have not been offered the opportunity to attend a drug diversion assessment program.

Eligible drug offences include:-

Possessing dangerous drugs; and
Possession of anything used in connection with the administration, consumption or smoking of a dangerous drug or used in connection with such a purpose.

For each dangerous drug mentioned in the charge, the quantity of the substances containing the dangerous drug must be less than the prescribed quantity. The prescribed quantity of common dangerous drugs include:-

Drug	Prescribed quantity
Amphetamine	1.0g
Cocaine	1.0g
Lysergide (LSD)	0.00004g (3 tickets/tabs)
Methylamphetamine	1.0g
MDMA (ecstasy)	1.0g
Cannabis	50g

Do I need a lawyer if I am charged with possession of a dangerous drug?

A conviction for possessing dangerous drugs (even small amounts of drugs) is a serious matter that can have a major impact on your life and future. We strongly recommend that you talk to one of our lawyers, who can assist you by:-

Advising on your prospects of contesting a charge;
Guiding you through the court process;
Negotiating with the prosecution;
Suggesting ways to reduce penalty and the impact on your future;
Reducing some of your stress by answering the difficult questions; and
Appearing for you in court.

If you have been charged with this offence or any other type of drug offence, contact our experienced criminal lawyers for advice today.

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