Drug Charges in the Tablelands — Mareeba and Atherton
Regional — 2026-07-30 — by Sacha Sarah Smith, Civic Law
A few plants behind the shed is production, not possession — and that one word removes the diversion option most people are counting on. What the charges actually mean on the Tablelands, why a grow disqualifies you, and what to do before your court date.
Plenty of properties on the Tablelands have a few plants somewhere out the back. Behind a shed, in a corner of a paddock, in a pot on the veranda. Nobody is selling anything. It has been there for years.
Then police attend for something unrelated — a welfare check, a neighbour dispute, a traffic matter — and the charge that comes back is not the one anyone expects. Not possession. Production. That one word changes the maximum penalty, and it removes the option most people are counting on before the matter ever reaches court.
Growing Is Production, Not Possession
Grow it and you have produced it — that is not a technicality, it is the definition. To produce a drug under the <em>Drugs Misuse Act 1986</em> means to prepare, manufacture, cultivate, package or produce it. Cultivate is right there in the list. So one plant in a pot on a veranda is production under section 8, not possession under section 9 — and there is no small-amount threshold that keeps it out. A single seedling is the same offence as a shed full of plants, only at the bottom end of it.
For cannabis, the maximum for production is 15 years — rising to 20 years once the quantity reaches the threshold set in the regulations, which is where commercial grows end up. Those numbers frighten people, so deal with them now: a small Tablelands grow goes nowhere near either of them.
In practice your charge will almost certainly be dealt with in the Magistrates Court — summarily, rather than in front of a judge and jury — which is permitted under section 13 wherever the maximum is not more than 15 years. A small grow qualifies. This matters to you more than any figure above, because a Magistrates Court dealing with your charge summarily cannot impose more than 3 years — or 4 years if a treatment order is made. That is your real ceiling, not the 15 years written in the Act.
<strong>Possession, section 9.</strong> A drug in your control — in your pocket, your car, your kitchen drawer. For a small amount for personal use this is the charge with the most options attached to it.
<strong>Production, section 8.</strong> Growing, cultivating, or any step towards it. Includes one plant. This is the charge that takes diversion away from you.
<strong>Supply, section 6.</strong> No sale required, and no money needs to change hands. Passing a joint to a friend is supply. Where the quantity is large enough, prosecutors may allege supply on the amount alone, supported by scales, clip-seal bags, cash or phone messages.
The label police put on your charge is not the last word on it. If the facts alleged against you do not support production or supply, that is worth testing against the brief of evidence — the statements and material the prosecution intends to rely on — rather than simply accepting it. Sacha reads the whole brief before advising you on a plea.
Why a Grow Costs You Diversion
Drug diversion lets a possession charge be resolved through an assessment and education session rather than the usual sentencing process. It is the outcome most people ask about, and if this is your first possession charge and the quantity was for your own use, it is realistic. Our <a href="/drug-diversion-screener">drug diversion screener</a> gives you an indication of whether you would qualify.
Diversion only reaches what the law calls a minor drugs offence — possession of not more than the prescribed quantity, which for cannabis is 50 grams. There is a second condition, and it is the one that catches Tablelands matters over and over: your possession is not a minor drugs offence if it relates to production or supply by you. So if the plants in the yard are yours, the bag in your kitchen stops being eligible — the grow disqualifies the possession charge sitting next to it.
There are three stages, and they escalate. For an adult, police must offer each one where you qualify:
<strong>A drug diversion warning.</strong> The first time. No program to complete. The drug is forfeited and that is the end of it.