Criminal drug-related offences are one of the most common offences in Queensland. While police and lawmakers are cracking down on drugs, drugs have become more readily accessible, and many persons still find themselves in a situation when they have been caught in possession of an illegal drug.
If a person has been charged with a drug-related offence, they must get an experienced Gold Coast drug lawyer to assist them by fighting for their rights from the beginning to the end of the matter. What you do at the start can have significant impacts on the outcome of your matter.
Police Power To Search for Drugs
If the police believe that you may have possession of illegal drugs on you, or in your vehicle, etc., they have the power to search you. They can also ask your; name, address, and date of birth. Failure to comply with these requests may result in fine or a one-month prison sentence.
Police Have Found the Drugs, What Next?
If the police find you with any illegal drugs or other drug related evidence that indicates you may be supplying to other persons, you may be charged with one of the following offences, namely:
- Possession
- Trafficking
- Supply
If you are charged with one of these offences, it is vital that you invoke your right to silence and not talk to the police at all. Anything you say can be used against you. This can lead to a more severe charge being preferred against you, which in turn can lead to a harsher sentence. Only provide them with your name, date of birth, and address.
What Is Possession?
Possession refers to having knowledge and control of a substance. The prosecutor must prove both of these elements to convict you of this offence.
The law presumes that everyone in a shared household knows and controls any illegal drugs discovered unless proven otherwise. This also applies to drugs found in a car; everyone in the vehicle is presumed to have knowledge and control over the drugs.
Which Drugs Are Considered Illegal?
It is illegal to possess any drug listed on Schedule 1 or Schedule 2 of the Drugs Misuse Regulation, which includes (but is not limited to):
- Heroin
- Cocaine
- Amphetamines
- Cannabis
- Morphine
- Pethidine
- Ketamine
If you are unsure about the legality of a substance, you can consult a Gold Coast drug lawyer who will be able to advise you.
Possible Defences
A police search of your premises for drug-related offences will almost always be with a search warrant.
- If the police search was not legal, any evidence found might be excluded from being used against you.
- There may be a legitimate reason for any illicit drugs you may have. For example, cannabis is used for medical purposes. You will need to consult a doctor and make the necessary applications first.
- The amount of drugs found is also significant. If you are found with a small number of drugs, it will be treated more leniently than if many drugs were found are of a commercial quantity. This amount differs depending on which drug you are found with
Consider a Gold Coast Drug Lawyer To Help You Out of a Pickle
Although drug offences are common, the legalities around this area can be confusing. If you find yourself in a situation, call a Gold Coast drug lawyer who is experienced in these matters. This can make a huge difference in a criminal trial and may even result in the charges being dropped.