Police drug diversion—For minor drug offences

If you’ve been arrested or questioned by police about a minor drugs offence, you may be eligible for police diversion as an alternative to appearing in court. 

When you need legal advice 

Get legal advice if you:

  • have been arrested for, or charged with a drug offence
  • have been offered police diversion and are not sure what to do
  • meet the requirements but the police didn’t offer you a Drug Diversion Warning or the Drug Diversion Assessment Program
  • agreed to the Drug Diversion Assessment Program but didn’t attend the appointment.

How to get legal advice

Police Drug Diversion Program

The Police Drug Diversion Program enables police to offer you a diversion opportunity instead of a court appearance.

Police can only issue drug diversions if you accept the diversion. If you don’t accept the drug diversion, police will send you to court, however you may still be eligible for the court diversion program.

There are 2 types of drug diversion:

  • Drug Diversion Warning -if you are eligible and have not been offered a Drug Diversion Warning or Drug Diversion Assessment Program before
  • Drug Diversion Assessment Program - if you are eligible, have already had a Drug Diversion Warning, and have not had more than one Drug Diversion Assessment Program appointment before.

The police can offer up to 2 referrals to the Drug Diversion Assessment Program. If you have already had 2 referrals, you will be you may be eligible for a court diversion program.

Once accepted, you must complete the Drug Diversion Assessment Program or you may be charged with breaching a police direction and brought before a court.

You will not be charged or have a criminal record for a minor drug offence if you complete the diversion program.

Am I eligible?

To be eligible for the Police Drug Diversion Program, you must meet all the following criteria:

  • You have been arrested for, or questioned about a minor drug offence
  • you haven’t broken the law in another serious way in circumstances relating to the minor drugs offence (e.g. robbed someone to get the drugs)
  • you haven’t previously been sentenced to serve a term of imprisonment for supplying, trafficking or producing drugs
  • the officer reasonably believes the minor drugs matter was for your personal use.

A minor drug offence includes:

  • possession of a dangerous drug not more than the prescribed quantity; or
  • possession of a thing for use in the administration or consumption of a dangerous drug e.g. a bong or pipe.
  • possession of an S4 or S8 medicine not more than the prescribed quantity. 

Police must offer you a drug diversion if you meet the eligibility criteria. 

What happens next? 

Drug Diversion Warning 

  • Police must give you written confirmation of the warning with the date and issuing police officer’s details.
  • Police will take and destroy the drug and anything used with it (e.g. a bong).

Drug Diversion Assessment Program

  • Police must explain the consequences of agreeing to attend the Drug Diversion Assessment Program.
  • You must sign a form agreeing to accept the offer and complete the program.
  • Police give you a written requirement to complete the Drug Diversion Assessment Program and advise that you will be breaking the law by not attending and may be charged.
  • Police will confiscate and destroy the drug and anything used with it.

Attending drug diversion 

When you attend a Police Drug Diversion appointment, you will:

  • talk to a drug and alcohol counsellor about your drug use—this information remains confidential, unless the counsellor has concerns that you may seriously harm yourself or someone else
  • receive information and strategies to achieve your program needs and goals.

Appointments take up to 2 hours, and can be in-person, or by phone or video conference. You can have a family member or friend join your appointment.

Police are only told that your appointment has been completed afterwards.

If you need further support, ask the counsellor about other treatment and services available. This will be voluntary and not included in the Police Drug Diversion Program.

If you need to reschedule a police drug diversion you can contact the Diversion Coordination Service on 1800 879 601 during business hours (Mon – Fri 9am to 5pm).

Learn more about the Police Drug Diversion Program on the Queensland Police website.

How to get legal advice 

Call our Drug Diversion Legal Advice Line on 1300 004 924 to speak with a lawyer.

Contact us

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Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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