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Supply of Dangerous Drugs Charge
A dangerous drug is described in schedules 1 and 2 of the Drugs Misuse Regulation. In Queensland, the most common schedule 1 drugs include cocaine and MDMA, whereas the most common schedule 2 drug is cannabis, in the context of drug offending.
It is an offence to supply dangerous drugs if they fall within these schedules according to section 6 of the Drugs Misuse Act 1986 (Q).
The importance of the schedules is that it allows lawyers to determine which Court has jurisdiction, or in other words, which Court has to deal with the matter. For instance, if the allegations involve supplies of cannabis then the matter must be dealt with in the Magistrates Court, whereas if the supplies involve Schedule 1 drugs then they have to be committed to the Supreme Court for trial or sentence.
What are the penalties for the supply of dangerous drugs?
Subject to the different drugs possessed and the amount, the maximum term of imprisonment varies between 15 years and 25 years.
Proof of supply of dangerous drugs
Supply is a broad term because the Police do not need to prove that a supply actually took place in order to meet the elements of the offence. The Police only need to prove that there were acts in preparation of a supply. For example, a message sent to a friend asking if they want cannabis that did not receive a response can fall within the definition of supply.
Supplying a dangerous drug does not mean there needs to be a level of commerciality. It can be proved even if there were no transactions, for example, giving drugs to a friend at a party. However if there is an allegation of commerciality, meaning some profit or benefit was derived from a supply, the offence is considered much worse by Courts.
Another misapprehension is the use of terms in messages that do not precisely reference a drug. It is widely accepted by Courts that many terms can be used to describe drugs (street names) such as ‘green’, ‘Q’, ‘stick’, ‘half’, and so on.
It is important that you speak to Rana Lawyers before speaking to the Police in order to assess:
Many drug offences can involve terms of imprisonment being imposed and they are considered serious offences by the Courts.
Trust Rana Lawyers
If you’re facing drug charges or require legal advice, it’s important to find a professional criminal lawyer. Legal representation is vital if you want to safeguard your rights, build a robust defence, and ensure the best possible outcome, especially in a complex and high-stakes legal situation.
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