Drug Charges

Your Leading Drug Charges Lawyers
What constitutes a dangerous drug?
In Queensland, Schedule 1 or 2 the Drugs Misuse Regulation 1987(Qld) provides a list of substances which are defined as dangerous drugs.
Schedule 1 includes what are regarded as the more serious substances including:
- Cocaine
- Heroin
- Methylamphetamine (Commonly referred to as Ice)
- 3,4 – Methylamphetamine (Commonly referred to as Ecstacy)
Schedule 2 includes other drugs including:
- Cannabis
- Morphine
- Diazepam (Valium)

What constitutes possession of a dangerous drug?
A person is in possession of a dangerous drug if they know they have physical control or custody of it. A person can also be in possession of a drug even if they do not have the substance in their physical position. A person can also be in possession of a drug with another person.
To convict a person of the offence, the Prosecution must prove beyond reasonable doubt that the person knew of the existence of the drugs and have laid a claim to it or exercised some control over it. The Prosecution are only required to prove the knowledge of the substance, not the nature of the substance. If a person claims that they believed a substance was not a dangerous drug, the onus is on that person to raise the defence of having an honest and reasonable mistake as to the nature of the substance.
Proof that a dangerous drug was at the material time in or on a place of which a person was the occupier or concerned in the management or control of is conclusive evidence that the drug was then in the person’s possession, unless the person shows that he or she neither knew or had reason to suspect that the drug was in or on that place.

What are the maximum Penalties for Possessing Dangerous Drugs?
Certain possess dangerous drugs charges may be dealt with by way of a trial or sentence in the Magistrates Court. The maximum penalty that can be imposed in the Magistrates Court is 3 years imprisonment.
More serious charges must be heard by the District or Supreme Court where the maximum penalty ranges from 15 years imprisonment to 25 years imprisonment.
The seriousness of the charge and the penalty that is imposed depends on several different factors including but not limited to:
- whether the drug was a schedule 1 or schedule 2 drug.
- the quantity of the drug
- whether the drug was possessed for a commercial purpose
- the criminal history of the person
- whether the person was a drug dependent person at the time of the offending
- the plea entered to the charge
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How the Process Works
Initial
Consultation
We begin by understanding your situation, reviewing relevant documents and identifying your objectives. You’ll receive clear, practical advice about your options and the best way forward.
Strategy &
Preparation
We begin by understanding your situation, reviewing relevant documents and identifying your objectives. You’ll receive clear, practical advice about your options and the best way forward.
Representation &
Action
We act on your behalf, whether that involves negotiations, formal applications, dispute resolution or court appearances, ensuring your interests are protected at every stage.
Resolution & Next
Steps
We work toward a timely and practical resolution. Once your matter is finalised, we provide guidance on any follow-up steps to protect your ongoing legal and commercial position.
why choose us for your next Drug Charges matter
Experienced Team of Leading Lawyers
Our solicitors bring experience across a broad range of practice areas, allowing us to deliver informed, strategic advice tailored to each client’s situation.
Outcome-focused approach
We focus on achieving practical, cost-effective outcomes, whether through negotiation, structured advice or court representation.
Clear, Upfront Communication
We provide honest advice about your options, risks and costs so you can make informed decisions with confidence.
FAQs
What legal services does Macrossan & Amiet provide?
We offer a broad range of legal services tailored to individual and businesses in the Mackay and surrounding areas. Our services include personal injury, compensation claims, family law, wills, estate administration, estate disputes, criminal & traffic representation, property and conveyancing transactions.
How much will it cost to engage a solicitor?
Costs vary depending on the type of work and complexity of your matter. We are committed to transparency and will provide clear information about fees upfront.
Why choose Macrossan & Amiet?
We are a trusted local law firm with a strong reputation for providing practical, reliable legal advice. Our long-standing presence in the region reflects our dedication to the communities we serve. We pride ourselves on delivering personalised, high-quality legal advice and exceptional client service. We are proud to be recognised for our expertise, professionalism and reliability, making us a firm that individuals and businesses trust.
I need a Justice of the Peace to witness a document, can you help?
Yes. Our team includes qualified witnesses, including solicitors and Commissioners for Declarations (Cdecs), who can witness many types of legal documents and in many cases you don’t need a JP specifically, and we can assist and ensure everything is done correctly.
What do I need to bring to my appointment?
It depends on your matter, but generally you should bring:-
- original Identification (e.g. driver’s licence, passport);
- any relevant legal documents;
- a list of questions or concerns;
This helps us provide you with accurate and efficient advice.
Where are you based?
Macrossan & Amiet has offices in Mackay, Proserpine and Cannonvale. We can also offer you appointments in Brisbane, Rockhampton and Townsville.
When should I engage a solicitor?
It’s best to engage a solicitor as early as possible, ideally before you make any decisions or sign any documents that may have legal consequences. Early advice can help you understand your position, avoid potential risks and ensure you take the right steps from the outset.
Even if you’re unsure whether you need legal assistance, an initial consultation can provide clarity and help you decide on the best course of action.

