Drug Charges Lawyer
Cairns & Far North Queensland
You have been charged with a drug offence. Police may have searched your car, your home, or your person and located a substance. You may have spent a night in the watch-house. You are thinking about your criminal record, your job, and whether you are going to jail. What happens next depends on the charge, what the evidence actually shows, and what is done with the case between now and your court date. For many drug offences, a criminal record is not inevitable.
Your Charge Determines What Happens Next
Drug offences in Queensland are governed by the Drugs Misuse Act 1986 (Qld). The charge you face — and the court that deals with it — depends on the substance, the quantity, and what the prosecution alleges you were doing with it. Possession of a dangerous drug under section 9 is the most common drug charge in the Cairns Magistrates Court. It covers a person found with a quantity of a substance for their own use. The maximum penalty on indictment depends on the drug — up to 25 years for a Schedule 1 drug (methamphetamine, heroin, cocaine, MDMA) or up to 20 years for a Schedule 2 drug (cannabis). In the Magistrates Court, the summary maximum is 3 years. Those maximums are not the sentence. For a first-offence possession matter involving a personal-use quantity, the realistic range is a fine, a good behaviour bond, or — with the right submissions — no conviction recorded at all. Supply under section 6 and production under section 8 are treated significantly more seriously. Supply includes giving drugs to a friend — no money needs to change hands. Growing a cannabis plant, even for personal use, is a production charge, not a possession charge. The maximum penalties are higher, and the gap between a possession outcome and a supply outcome can be measured in years. If police have alleged trafficking under section 5 — carrying on the business of supplying dangerous drugs — the matter is dealt with on indictment. The maximum penalty is life imprisonment. Sacha will tell you at the first consultation exactly where your charge sits, what the realistic range of outcomes looks like, and what can be done to move toward the better end of that range.
Drug Diversion — Resolving a Charge Without a Criminal Record
If your charge involves possession of a small quantity for personal use, you may be eligible for drug diversion. Diversion allows the matter to resolve without a conviction and without an entry on your criminal history — provided you complete a drug assessment or education session. Queensland's drug diversion laws changed significantly in April 2026. The old three-tier system was repealed. The new Illicit Drug Enforcement and Diversion Framework replaced it. The eligibility criteria are different, the number of times diversion is available has changed, and most information published online still describes the old system. Whether diversion is available depends on the drug, the quantity, your history, and which framework applies to your offence date. Sacha works through the eligibility assessment and advises — before your court date — whether diversion is the right path, or whether an alternative like a section 12 no-conviction application under the Penalties and Sentences Act 1992 (Qld) produces a better result. If you were eligible for police diversion but it was not offered, Sacha can liaise directly with Queensland Police Service to have the offer made.
When the Allegation Goes Beyond Possession
The gap between a possession charge and a supply allegation is often not about the drug itself — it is about what else police found and what they say it means. Scales, clip-seal bags, cash, and messaging records are routinely relied on to frame a possession matter as something more serious. Where the quantity exceeds certain thresholds, the prosecution may argue the drug was for supply — even without direct evidence of any transaction. A cannabis grow in the backyard, even a small one, is charged as production rather than possession. In practice, these cases are often decided by how the surrounding material is examined and presented. Messages that look incriminating when summarised by police may look quite different when read in full and in context. A quantity that police describe as "consistent with supply" may be consistent with personal use when the circumstances are properly explored. The label police place on the matter is not the end of the analysis. Sacha obtains the full prosecution brief — the QP9, body-worn camera footage, search warrant material, and any phone extraction — and works through it before any decision is made about plea. If the evidence does not support the charge at the level police have framed it, that is identified and addressed through negotiations with the prosecution. The difference between being sentenced for possession and being sentenced for supply is not a technicality. It changes the sentencing range, the court's approach, and the likelihood of imprisonment.
Frequently Asked Questions
Will I get a criminal record for drug possession?
Not necessarily. The Magistrates Court has discretion to deal with a first-offence possession matter without recording a conviction, under section 12 of the Penalties and Sentences Act 1992 (Qld). For a first offence involving a small quantity for personal use, this is a realistic outcome with the right submissions. Drug diversion is an alternative pathway that also avoids a criminal record. Sacha will advise at the first consultation which option is best in your circumstances.
Will I go to jail?
For a first-offence possession of a personal-use quantity, imprisonment is very unlikely — the realistic range is a fine, a good behaviour bond, or no conviction recorded. For supply or production matters, the range is wider and depends on the substance, the quantity, and the circumstances. Sacha will give you an honest answer at the first consultation.
What is the difference between possession and supply?
Possession under section 9 of the Drugs Misuse Act 1986 (Qld) is having a dangerous drug in your control. Supply under section 6 includes selling, giving, or agreeing to give a drug to another person — including giving drugs to a friend without payment. Where the quantity exceeds certain thresholds, the prosecution may allege supply even without direct evidence of a transaction.
Can a supply charge be reduced to possession?
In some cases, yes. Where the evidence of supply is circumstantial — based on quantity, surrounding items, or messaging rather than direct evidence of a transaction — the charge may be negotiated down to possession. That negotiation changes the sentencing range and the likely outcome. Sacha assesses every supply case for this possibility.
What if the police search was unlawful?
If the search that produced the evidence was conducted without a valid warrant, beyond the scope of a warrant, or without proper consent, the evidence may be inadmissible. Sacha reviews the search warrant material and the body-worn camera footage and advises on whether the search raises issues that affect the case.
Does drug diversion still work after the April 2026 changes?
Yes — but the rules are different. The old three-tier system has been repealed and replaced with the Illicit Drug Enforcement and Diversion Framework. The eligibility criteria, the number of times diversion is available, and the process have all changed. Most information published online describes the old system. Get specific advice before your court date.
Will a drug conviction affect my job?
A drug conviction can affect employment, professional registration, working with children checks, and the ability to travel to certain countries. Whether a conviction can be avoided depends on the charge and the submissions. Sacha advises on the likely consequences for your specific situation at the first consultation.
Fixed Fees
- Drug Possession — Magistrates Court Plea — $2,100
- Drug Supply or Production — Magistrates Court Plea — $4,800
- Drug Diversion — $1,650