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The Police Found Drugs In Your Share House – But They Aren’t Yours. Are You Responsible?

  • Hounsell Cunningham Criminal Defence Lawyers
  • September 23, 2019

Drug offences in Queensland form a large number of arrests made by police every year.

Being charged with a drug-related offence can be a moderate charge, or it can be a severe charge, depending on what type of drug and the quantity of drugs involved. Drug offences are taken very seriously in Queensland and can carry severe penalties. The type of offences relating to drugs include possession, supply, trafficking, and production, and there are other offences as well including possessing drug paraphernalia.

Did you know that it is possible to be charged with possession of a drug, even if you do not physically possess them?

The term ‘possession’ is defined under the Queensland criminal code in a different way to that of ownership. That is, you can possess a drug even if you did not buy the drug, or even use it at all.

As an example, you can be charged with possession of drugs if you know there are drugs in your share house – even if they do not belong to you. We want to discuss some of the key situations you can be charged with drug offences – even if you do not physically possess the drugs yourself or own them.

Need help with a drug charge offence? Hounsell Cunningham is here to support you in with your criminal charges. Call us now on 07 3180 0104 or call us 24/7: Nathan 0406 661 449 | Mitchell 0419 975 118.


Possession Of A Drug

As we noted above, it is possible to be charged with possession of a drug even if you do not have anything to do with the drug beyond knowing of its presence and have control of the drug.

Here’s an example: Your housemate Gavin smokes weed in his room from time to time. You also see people coming and going at odd times of the day and night; they don’t stay very long. You haven’t spoken to Gavin much since you moved into the share house, but you’re pretty sure he’s selling weed from his bedroom.

If your house is searched and Gavin is found to have marijuana in his room, you can be charged with possession simply by the fact that you knew about it and the ability to move it.


What If I Didn’t Know The Drugs Were There?

If you live in a share house and your housemate has been caught with drugs, but you had no idea they were in possession of drugs or using them in any way, then it is highly unlikely that you will be charged with anything.

The police need to prove that you had constructive possession of the drugs, that is, the ability to possess the drugs in some way. If you did not know of the presence of any drugs, then it stands to reason that you could not possess them!


Other Offences Without Physically Possessing Drugs

You can be charged with a range of other drug offences under the Queensland criminal code without actually being in possession of drugs at the time.

Possession of a thing used to take drugs without being in possession of any drugs. For example, you might have a pipe or a syringe that is used to take drugs. If they have been used for drugs or you are intending to use them for drugs, then you could be charged with a drug offence.

Publication of a recipe for the production of a dangerous drug is an offence if you produce a document that shows others how to make a dangerous drug. Even downloading a recipe for crystal meth from the internet can result in 25 years in jail.

Allowing a place to be used for a drug offence is a charge if you own or manage a property and allow it to be used for a drug offence. This carries a penalty of up to 15 years in jail. This is an offence even if you allow a tenant to grow marijuana plants in their garden.


Contact Hounsell Cunningham Today For Representation In Your Drug Matter

We can assist you no matter the charge – whether you have been charged with possession, trafficking, supply, or something else entirely. We know how tough a drug charge can be on you and your family, and we can provide the support you need for your peace of mind.

We have the experience and skill to work with you at every level of the court system to provide the best possible representation for your matter.

Need help with a drug charge offence? We are here to provide comprehensive representation when you need it most. Call us now on 07 3180 0104 to learn more. For 24/7 support, call Nathan on 0406 661 449 or Mitchell on 0419 975 118.


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