Supplying a Schedule 1 Drug in Queensland
Drug laws in Queensland classify drugs into different schedules. Schedule 1 drugs are the drugs the Government classify as potentially the most harmful, schedule 2 drugs are comparatively less harmful.
What many people don’t understand is that the supply of even a small amount of schedule 1 drugs, even for no money, can have serious consequences for a Defendant.
Schedule 1 drugs include
Schedule 2 drugs include;
While the minor supply of schedule 2 drugs, if the police do not allege a commercial purpose, can be dealt with in the Magistrates Court the supply of any amount of a schedule 1 drug must be dealt with in the District Court.
It is not necessary that the person who supplied a schedule 1 drug to have made money on the deal. Many of our clients have simply supplied drugs to friends for free or for the repayment of small debts. The definition of supply under the Drugs Misuse Act is very wide. In one particular case our client supplied what he thought were ecstasy tablets but they turned out to contain a mixture of legal chemicals including caffeine. In that case the fact the client supplied the drugs on the basis he thought they were ecstasy was enough to satisfy the definition of supply of a schedule 1 drug.
We have appeared for many clients charged with this type of offence. Generally if this was the first supply of drugs a person undertook and they have no criminal history (and the drugs were not supplied to a person under 16 nor a mentally impaired person) a Defendant could be looking at probation for a guilty plea.
The requirements for probation are generally;
- report to an authorised corrective services officer (“probation officer) when they require it (generally at least initially weekly)
- must not commit another offence
- must take part in counselling and programs as directed
- not allowed to leave the state without permission
- must notify an authorised officer of any change of address or employment
- requirements to stay clean and undergo drug tests
The court could possibly also add a requirement for community service to the probation order.
If the court imposes a probation order the Court has the discretion whether or not to record a conviction. In all cases we have conducted for similar charges we have had no conviction recorded. The lack of a conviction being recorded means the clients are generally not prevented from travelling overseas and their employment prospects are not restricted.
If you have been charged with supplying drugs then take advantage of our free initial advice and call us on 1300 952 255 7am to 7pm seven days a week or visit our webpage. Remember we appear in every court in South East Queensland.
Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice. It represents information about the law in Queensland as at the date of publishing and since publishing the law or the interpretation of that law may have changed.