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 <a href="/drug-charges-lawyer-cairns">drug possession</a> 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 <a href="/drug-diversion-screener">drug diversion screener</a> 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 <a href="/criminal-records-explained-queensland">criminal history</a>. 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:
<strong>Possession of a dangerous drug</strong> under section 9 of the <em>Drugs Misuse Act 1986</em> (Qld) — a small quantity for personal use.
<strong>Possession of drug utensils</strong> under section 10 of the <em>Drugs Misuse Act</em> — 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 <a href="/fees/drug-diversion-lawyer-cairns">drug diversion fee page</a> 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:
<strong>Your charge is supply, trafficking, or production.</strong> 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.
<strong>The offence involved violence, weapons, or driving.</strong> If you were also <a href="/articles/drug-driving-charges-queensland">drug driving</a> at the time, that is a separate charge and diversion does not apply to it.