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There are many drugs considered dangerous in Queensland, and if you have them (except when lawfully prescribed) you’re breaking the law. In Queensland, illegal drugs are divided into 3 categories:
If you're caught with Schedule 1 drugs the penalties are more severe than Schedule 2 drugs.
If you’re charged with any drug-related offences you should get legal advice.
Note: Get legal advice if you were arrested or received a Notice to Appear or a Summons before 1 October 2011, as different information may apply.
In Queensland, illegal drugs are divided into the following categories:
More serious penalties apply to drugs listed in Schedule 1 than in Schedule 2.
Schedule 1, Part 1 drugs include:
Schedule 1, Part 2 drugs includes all anabolic and androgenic steroidal agents.
Schedule 2 includes (but isn’t limited to):
The full list of illegal drugs can be found in Schedule 1 and Schedule 2 of the Drugs Misuse Regulation 1987.
You’re breaking the law if you:
For example, just giving your friend one ecstasy pill is enough to be charged with supply of a schedule 1 drug.
The penalties are more serious if you’re an adult and you supply:
A police officer can:
The police need a court order to use listening devices, and while they can order a cavity search, the actual search has to be done by a doctor.
The police may have the power to search you in other situations—see police searches without a warrant.
Chroming is when a person ingests or inhales fumes from glue, paint, or some other potentially harmful substance.
It's not an offence to possess a potentially harmful thing, but the police have powers to search you if they reasonably suspect you have a potentially harmful item on you that you have ingested or inhaled or are about to ingest or inhale (for example, if they find you with paint on your lips).
In this situation the police can search you, and anything in your possession. If a potentially harmful thing is found in your possession, police can ask you to explain why you have the item. If you don’t have a reasonable explanation they can take the item away from you for good.
If you've been chroming, and are affected by it, the police can stop you from leaving until they are able to take you to a safe place (like a hospital or your home) where somebody can look after you and help you recover. Someone at this safe place must agree to look after you.
If the way you are behaving puts other people at a risk of harm, the police can leave you at a safe place. If you are taken to a safe place you can leave at any time unless you’re being kept there under an order (eg at a hospital under a mental health order).
If you’re being investigated for a drug-related offence the police may need you to give your name and address. If you don’t answer, you’re breaking the law. You should get legal advice. See Talking to the police.
Get legal advice if you’re going to court for a drug-related offence.
You may be able to get help from a duty lawyer on the day you go to court.
If you’re charged with a minor drug offence, you may be eligible for court diversion.
You should get legal advice if you’ve been charged with any drug-related offences.
We may give legal advice about drug-related offences. We can’t provide a lawyer to attend a police interview with you.
If you’ve been charged with a serious offence or you have any urgent matter you can apply for legal aid (if you’re eligible), or find a private lawyer rather than waiting for a legal advice booking.
The following organisations may be able to give you legal advice.
Community legal centres may give free preliminary legal advice and information on some criminal law matters. Most of them don’t provide legal representation. Contact them to find out if they can help with your matter.
The Queensland Law Society can refer you to a specialist private solicitor for advice and representation.
If you’re charged with an offence, you should ask police prosecutions for a copy of your Queensland Police form 9 (QP9) — this is a written summary of the police version of why you were charged and what happened. You should get your QP9 before getting legal advice.
You can get your QP9 from the police prosecutor on your first court date (the duty lawyer may be able to help you). If you can’t collect it on your first court date you’ll need to apply to police prosecutions for a copy. You’ll need to make a written request and show photo ID.
The following services may also be able to help. They don’t give legal advice.
Queensland Courts provides information about the:
Alcohol and Drug Service gives information, counselling and referrals for anyone with concerns related to the use of alcohol or other drugs.
Drug Arm has a range of services including counselling, family help and support, information and referrals and an illicit drugs diversion initiative.
Last updated 6 October 2017