Clarity Law

Specialist Criminal Law Firm Queensland
Thursday, 04 May 2017 09:08

Supplying a Schedule 1 Drug in Queensland

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Supply Schedule 1 Drug

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.

This article we will look at the drug charge of supplying a schedule 1 drug.

 

How are drugs classified in Queensland?

Schedule 1 drugs include

  • Steroids
  • Cocaine
  • Heroin
  • Meth
  •  LSD

Schedule 2 drugs include;

  • Cannabis
  • Methadone
  • Ketamine

 

Which court will hear the supply charge?

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.

 

What is the definition of supply?

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.

The word “supply” is broadly defined and means;

  1. to give, distribute, sell, administer, transport or supply
  2. any offer to do any of those acts and
  3. doing or offering to do any act preparatory to, in furtherance of or for the purpose of any those acts.

Some examples of supplying drugs include;

  1. Offering to supply a drug or organising to get drugs even if no deal takes place
  2. Supply a substance that you say is a drug or you believe is a drug even though its not
  3. Buying drugs for a group of friends by pooling money together to buy in bulk
  4. Offering or actually introducing someone to a drug dealer

 

Will I have to go to prison for supplying 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. 

 

The police want to talk to me about an allegation of supplying drugs, what do I do?

Do not talk to police without getting immediate advice from an experienced criminal lawyer. You have the right not to give a statement to police and in almost all circumstances this is the best thing to do. We have an article on the right to silence in Queensland

 

How do I find out more information?

We have a full guide to supplying a dangerous drug in Queensland.

 

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a criminal law charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of criminal law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

  2. Call us on 1300 952 255 seven days a week, 7am to 7pm

  3. Click here to select a time for us to have a free 15 minute telephone conference with you

  4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

  5. Send us a message on Facebook Messenger

  6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

 

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Read 3747 times Last modified on Tuesday, 24 October 2023 16:35
Steven Brough

Steven Brough is a criminal defence lawyer and founder of Clarity Law with over 22 years experience he has appeared in almost every court in Queensland representing clients charged with criminal offences and getting them the best outcome possible.