Drug Diversion Program in Queensland — Who Qualifies and How It Works
Drug Offences — 2026-07-08 — by Sacha Sarah Smith, Civic Law
Drug diversion can resolve a possession charge without a conviction and without a criminal record. How the program works, who qualifies, and what the April 2026 law changes mean for your case.
A drug possession charge in Queensland does not automatically mean a criminal record. Where the amount is small and the allegation is personal use — cannabis, methamphetamine, MDMA, cocaine — drug diversion can resolve the matter without a conviction and without anything appearing on your criminal history.
Diversion replaces the court process with a health-based session. Instead of a guilty plea and a sentence, the charge is dealt with through a drug assessment and education appointment. Complete the session, and the charge goes no further. No record. Our drug diversion screener gives an immediate indication of eligibility.
Whether diversion is available depends on the drug, the quantity, the offence history, and — since April 2026 — which legal framework applies to your offence date. Below is how the process works, who qualifies, and what needs to happen before your court date.
What Drug Diversion Does
Drug diversion is an alternative to being sentenced through the court. Instead of going before a Magistrate, pleading guilty, and receiving a penalty, you complete a drug assessment and education session — a one-on-one appointment with a health professional, lasting one to two hours. The session covers the health and legal risks of drug use. It is entirely confidential — what you discuss is not reported to police, the court, or anyone else.
If you complete the session within the required timeframe, the charge is dealt with. No conviction is recorded. Nothing goes on your criminal history . A standard police check will not show the charge.
Diversion is not a right — it is an offer. It can come from police at the time of charging, or from the court at your first appearance. If you were eligible but police did not offer it, that does not mean you missed your chance. Sacha can raise it with the Magistrate or liaise directly with Queensland Police Service to have the offer made.
Who Qualifies — and Who Does Not
Diversion is available for two types of charge:
Possession of a dangerous drug under section 9 of the Drugs Misuse Act 1986 (Qld) — a small quantity for personal use.
Possession of drug utensils under section 10 of the Drugs Misuse Act — pipes, bongs, and other items associated with drug use. Note: under the new 2026 framework, utensils are no longer eligible for diversion — only a fine.
The quantity matters. Diversion is designed for personal-use amounts — a few grams of cannabis, a point of methamphetamine, a couple of pills. Our drug diversion fee page sets out the specific quantity thresholds under the new law. If the amount exceeds those thresholds, police may allege the drug was for supply — even without evidence of a transaction — which moves the matter outside diversion eligibility.
You are not eligible for diversion if:
Your charge is supply, trafficking, or production. These are dealt with through the court process. If a supply charge has been laid but the evidence actually supports possession, the charge can sometimes be negotiated down — which reopens the door to diversion. Sacha assesses every supply case for this possibility.
The offence involved violence, weapons, or driving. If you were also drug driving at the time, that is a separate charge and diversion does not apply to it.
You have used all your available diversions. Under both the old and new frameworks, there is a limit on how many times diversion can be offered. Under the new law, cannabis diversion is a one-lifetime opportunity. Sacha checks your diversion history before the court date.
If you are unsure whether you qualify, our drug diversion screener takes two minutes and gives you an immediate answer based on your charge, the drug type, and your history.
The Three Diversion Pathways
There are three ways diversion can happen in Queensland. Each pathway has different timing, different procedures, and different decision-makers.
Police diversion. Offered at the roadside, in the watch-house, or shortly after arrest — before the matter reaches court. You sign an agreement and attend the assessment session. Complete it, and the charge goes no further. This is the fastest pathway — no court appearance needed.
Court Diversion Program (CDP). Available at the Cairns Magistrates Court and other Queensland courts. The Magistrate makes an order requiring you to attend a drug assessment and education session. The Magistrate has discretion to refuse even if you technically qualify — so the quality of the submissions matters.
Drug and Alcohol Assessment Referral (DAAR). Also available at the Magistrates Court. DAAR has broader eligibility than the CDP and no quantity threshold — making it a useful option where CDP eligibility is borderline or where the quantity is higher than the usual diversion range.
Whichever pathway you are on, you must complete the required session within the timeframe set by the court or police — usually around 90 days. If you miss the appointment or do not finish in time, your diversion opportunity is spent — the matter returns to court and is dealt with as a guilty plea and sentence. The opportunity for diversion is lost and cannot be re-offered for that charge. If you are at risk of missing your appointment, contact Sacha immediately — do not let the deadline pass.
Assessment sessions in Cairns are delivered by the Community Alcohol and Other Drugs Service (AODS) at 8 Aplin Street (intake: 07 4226 3900). For clients in remote communities — Cape York, Torres Strait Islands, Gulf Country — sessions can be conducted by phone or video conference. Our substance use support page lists additional services available in the Cairns region.
The April 2026 Law Changes
In April 2026, the Queensland Parliament replaced the old three-tier Police Drug Diversion Program (PDDP) with a new framework called the Illicit Drug Enforcement and Diversion Framework (IDEDF). The IDEDF has been enacted but has not yet been proclaimed into force — so the old system still applies to current offences until a commencement date is announced. The practical effect is that two sets of rules now exist, and which one governs your case depends on when your offence occurred.
The key changes under the new framework:
Cannabis diversion is now a one-lifetime opportunity. Under the old PDDP, you could be diverted up to three times over your lifetime. Under the IDEDF, you get one. If you have already been diverted for cannabis — even under the old system — your eligibility under the new framework may be affected.
Other drugs follow a different pathway. For methamphetamine, cocaine, MDMA, heroin, fentanyl, and other prescribed drugs below certain quantities, police may issue an on-the-spot fine instead of charging you. You then have 28 days to elect — pay the fine, or complete a diversion program instead.
Drug utensils lose their diversion pathway. Under the old system, utensil charges could be diverted through the court. Under the IDEDF, police may issue a fine for utensils, but no diversion program is available.
Most information published online about drug diversion in Queensland still describes the old three-tier system. If you have been charged recently, that information may not apply to your case. Our drug diversion guide is kept current as the new framework develops — and Sacha will advise at consultation which framework governs your matter and what your options are.
Diversion vs Section 12 — Which Produces a Better Outcome
Diversion is not always the best path to avoiding a criminal record. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the court can find you guilty but choose not to record a conviction. The practical result is the same — nothing on your criminal history — but the process is different. A section 12 order happens at your sentencing hearing in court, without the conditions attached to diversion.
You might choose a section 12 application over diversion if:
You have used your diversions. Your lifetime limit has been reached — but your charge, your circumstances, and your record still support a no-conviction outcome through the court.
You want to deal with it in one court appearance. Diversion requires you to attend an external session within the required timeframe. A section 12 order happens at your sentencing — one hearing and it is resolved.
You dispute what happened. Diversion requires acknowledging the conduct. If you have a genuine defence to the charge — if you did not know the substance was there, or the search that found it was unlawful — you should be contesting the charge, not diverting it.
For most first-offence personal-use charges where diversion is available, it is the simpler and faster path. But where diversion is unavailable, exhausted, or not the right fit, a section 12 order through the court is a realistic alternative — and Sacha prepares the sentencing material to give that application the best prospect of success.
If you have been charged with drug possession and you want to know whether diversion is available — or whether a section 12 order is the better option — start with our drug diversion screener for an immediate eligibility check. For a full assessment of your options before your court date, call Sacha Sarah Smith on 0425 429 458 .
Drug Diversion — Fixed Fee
Drug Offences Plea — Fixed Fee