Drug Diversion in Queensland
If you have been charged with possessing a small quantity of drugs for personal use, drug diversion may allow the matter to be resolved without a conviction and without a criminal record. This guide explains how the diversion framework works in Queensland, whether you are likely to be eligible, and what happens at each stage.
What Is Drug Diversion?
Drug diversion is an alternative to prosecution. Instead of going through the court process and receiving a sentence, a person charged with a minor drug offence completes a drug assessment or education session. If completed, the charge is dealt with — and no conviction is recorded. The policy rationale is straightforward: for people whose drug use is at the personal-use end of the spectrum, a health-based intervention produces better outcomes than a criminal conviction. Diversion keeps minor drug offences out of the court system and off people's criminal records. Diversion is not a right — it is an offer. It is made by police (at the time of charging) or by the court (at the first appearance). Whether the offer is made depends on the eligibility criteria and the circumstances of the offence.
The 2026 Framework — What Changed
In March 2026, the Queensland Parliament passed the Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Act 2026 , which creates a new Illicit Drug Enforcement and Diversion Framework (IDEDF) to replace the previous three-tier Police Drug Diversion Program (PDDP). However, the IDEDF provisions have not yet been proclaimed into force . Until a commencement date is fixed by proclamation, the existing PDDP continues to apply to all current offences. The previous three-tier system — police diversion, drug assessment and education session (DAES), and court-ordered diversion — remains operative. Key differences when the IDEDF commences: Eligibility will be restructured. The new framework has different criteria for which offences qualify, what quantities are eligible, and how many times diversion can be offered. The assessment process will change. The type of session and who delivers it will differ under the new framework. Which framework applies will depend on your offence date. Offences committed before commencement will be governed by the old system; offences after, by the new framework. This page will be updated when the IDEDF is proclaimed. In the meantime, the existing PDDP applies.
Who Is Eligible?
Diversion is generally available for: Possession of a small quantity of a dangerous drug for personal use — section 9 of the Drugs Misuse Act 1986 (Qld) Possession of drug utensils — section 10 of the Drugs Misuse Act It is not available for: Supply, trafficking, or production charges Possession of commercial quantities Offences involving violence, driving, or weapons People who have exceeded the maximum number of diversions available under the applicable framework The quantity of the drug matters. Diversion is designed for personal-use quantities — a small amount of cannabis, a few pills, a point of methamphetamine. Larger quantities may lead police to allege the drug was for supply, even without direct evidence of a transaction, which removes the matter from diversion eligibility. Whether diversion is available also depends on your history. Under both the old and new frameworks, there is a limit on how many times diversion can be offered. Sacha will check your diversion history before the court date.
How Diversion Works in Practice
The diversion process follows these steps: Step 1: The offer Diversion can be offered by police at the time of charging, or by the court at the first mention. If police did not offer diversion but you are eligible, Sacha can raise it at court — or liaise directly with Queensland Police Service to have the offer made. Step 2: Assessment or education session The person completes a drug assessment and education session (DAES) or equivalent program. This is typically a one-on-one session with a health professional, lasting one to two hours. It covers the health and legal risks of drug use and develops a plan for addressing any underlying issues. The session is confidential. What you discuss with the health professional is not reported to police or the court. Step 3: Completion Once the session is completed, the provider issues a completion certificate. That certificate is provided to the court (or to police, depending on when diversion was offered). The charge is dealt with — no conviction is recorded, and the matter does not appear on your criminal history. Step 4: If you don't complete it If you fail to attend the session, or if you do not complete it within the required timeframe, the matter returns to the court to be dealt with in the ordinary way — meaning a guilty plea and sentence. The opportunity for diversion is lost.
Diversion vs Section 12 — Which Is Better?
For a first-offence drug possession charge, there are two common ways to avoid a criminal record: Drug diversion The charge is dealt with through an education session. No conviction is recorded. No court appearance is required (if police diversion is offered at the charging stage). Fast and straightforward. Section 12 — no conviction recorded Under section 12 of the Penalties and Sentences Act 1992 (Qld), the court finds you guilty but does not record a conviction. This requires a guilty plea, sentencing submissions, and a court appearance — but the outcome is the same: no entry on your criminal history. For most first-offence personal-use matters, diversion is the simpler path. But there are situations where a section 12 application is the better option: You have exhausted your available diversions The quantity or circumstances make diversion unavailable but a no-conviction order is still realistic You want the matter resolved at court without attending an external session Sacha will assess both options and advise on which produces the better outcome for your specific situation.
What Diversion Does Not Cover
Diversion deals with the criminal charge. It does not address every consequence of being found with drugs. Driving charges. If you were drug driving at the time — that is a separate charge under the TORUM Act and is not eligible for diversion. Our guide to drug driving charges in Cairns covers that process separately. Supply allegations. If police allege the drug was for supply — even if you disagree — diversion is not available for the supply charge. The allegation must be addressed directly, either through negotiation or at trial. Employment and licensing. While diversion avoids a criminal record, some employers and licensing bodies ask whether you have ever been charged with a drug offence (not just convicted). The disclosure obligation depends on your industry and contract. Immigration. For visa holders, a drug charge — even one resolved by diversion — may be relevant to character assessments under the Migration Act 1958 (Cth). Get specific immigration advice if this applies to you.
If Police Did Not Offer Diversion
Police do not always offer diversion at the time of charging, even when the person is eligible. This can happen because: The officer was not aware diversion was available The circumstances at the scene were chaotic (arrest, search warrant, watch-house processing) Police formed the view — rightly or wrongly — that the quantity was not for personal use If you were eligible for diversion but it was not offered, Sacha can: Raise it at the first court mention — the Magistrate can refer the matter to diversion Liaise directly with the Queensland Police Service to have the diversion offer made Alternatively, pursue a section 12 no-conviction order through the court The fact that police did not offer diversion does not mean you are ineligible. It means the offer was not made — and it can often be obtained after the fact.
Frequently Asked Questions
Will diversion go on my criminal record?
No. If diversion is completed, no conviction is recorded and nothing appears on your criminal history. A standard police check will not show the charge.
How many times can I get diversion?
The number of available diversions depends on which framework applies to your offence date and your diversion history. Sacha will check this before the court date — the limit may already have been reached.
What if I don't complete the session?
The matter returns to court and is dealt with in the ordinary way — a guilty plea and sentence. The opportunity for diversion is lost and cannot be re-offered for that charge.
Is the session confidential?
Yes. What you discuss with the health professional during the drug assessment and education session is confidential and is not reported to police, the court, or anyone else.
Can I get diversion for cannabis?
Yes — cannabis possession for personal use is one of the most common charges resolved through diversion, provided the quantity is consistent with personal use and you have not exhausted your available diversions.
What if police said the drugs were for supply?
Supply charges are not eligible for diversion. However, if the evidence does not support a supply allegation — and the quantity and circumstances are consistent with personal use — the charge can sometimes be negotiated down to possession, which opens the door to diversion or a section 12 order.