Possess Utensil Charge in Queensland
Most people charged with a drug offence in Queensland are surprised to learn that the drug itself is not the only thing they have been charged with. If the police find a utensil bong, a pipe, a set of scales, a grinder, clip-seal bags, a dealer phone, or similar items, there will almost always be a second, separate charge alongside the drug possession charge.
That second charge is under section 10 of the Drugs Misuse Act 1986 (Qld). It is called "possessing things". It is a conviction in its own right — and if you are not careful, it is the one that ends up on your record even after the drug charge has been dealt with by diversion.
This guide explains what the charge is, what the prosecution has to prove, and what it means for your outcome.
If you have already been charged, you can contact us here or call 1300 952 255 seven days a week.
What is section 10 actually about?
Section 10 of the Drugs Misuse Act creates several different "possessing things" offences. The two that matter for most people are:
Section 10(1) — the serious one
Possessing anything that is used, or intended to be used, in connection with a Part 2 drug crime — for example, producing or supplying drugs.
Maximum penalty: 15 years imprisonment.
This is the charge that goes with scales, dealer phones, snap-lock bags in bulk, cash tins, tick lists, and the kind of equipment police say was being used to supply or produce drugs.
Section 10(2) — the common one
Possessing anything (other than a syringe or needle) for use — or that has been used — in the administration, consumption or smoking of a dangerous drug.
Maximum penalty: 2 years imprisonment. It is a summary offence and is dealt with in the Magistrates Court.
This is the charge that comes with a bong, a glass pipe, a meth pipe, an ice pipe, an aluminium foil "chaser", a grinder with resin, or an empty snap-lock bag that still had drug residue in it.
The rest of this article focuses on s 10(2), because that is the one most people are charged with.
What does the prosecution have to prove?
To convict you under s 10(2), the police have to prove, beyond reasonable doubt, each of the following:
- You were in possession of the thing.
- The thing was either used, or intended to be used, for the administration, consumption or smoking of a dangerous drug.
- Your possession of it was unlawful (without lawful excuse).
That second element is the one that actually matters. A clean, unused bong in a drawer with no residue and no evidence of past use is not automatically caught. What makes it caught is either:
- the physical evidence that it has been used (residue, smell, burn marks), or
- your own admissions in a police interview (for example, "yeah, I smoke bongs with that").
That is one of the many reasons we tell clients never to do a record of interview before getting advice. See our article on declining a police interview.
What counts as a "thing"?
The section is worded very broadly. The police and the courts have applied it to items such as:
- glass pipes, ice pipes, meth pipes
- bongs and water pipes (including homemade ones)
- aluminium foil "chasers" used for smoking heroin or methamphetamine
- grinders (if containing cannabis residue)
- spoons used for preparing drug solutions
- straws and rolled notes used for snorting
- snap-lock bags containing drug residue
- scales with residue on them
- pill presses, capsule fillers, and similar equipment
Whether an item falls within s 10(2) will always depend on the evidence. An ordinary kitchen grinder, a normal spoon, a clean bag, or a set of postal scales is not automatically criminal. There has to be a link between the item and drug use.
"I only had a bong — is that really a criminal charge?"
Yes. And it is the part that catches most people out.
If you are stopped or searched and police find, say, 0.5 grams of cannabis and a bong, you are likely to be charged with:
- possession of a dangerous drug under s 9 of the Drugs Misuse Act; and
- possessing a thing used in connection with smoking cannabis under s 10(2).
Those are two separate charges. Two convictions, potentially. Two entries on your criminal history.
This matters because of how drug diversion works.
How this affects drug diversion
Queensland has two main diversion pathways for low-level drug offending:
- Police Drug Diversion — the police make the referral before you are charged.
- Court Drug Diversion — the Magistrate makes the referral once you are before the court.
Both are excellent outcomes. When someone completes diversion, they avoid a conviction for the drug itself.
The problem is that drug diversion was originally designed for the possession of the drug, not for the utensil. In practice, if a s 10(2) charge is laid alongside a possession charge:
- Many courts will include it within the diversion where the circumstances are minor (for example, a single bong found with a small amount of cannabis).
- But this is discretionary, not automatic.
- If the utensil charge is not diverted, you can still end up with a conviction for s 10(2) even though the drug charge has been dealt with without one.
That is why it is worth having a lawyer advocate for how the utensil charge is resolved — not just the drug charge itself.
For more on this, see our articles on commercial possession of drugs and the difference between a conviction and a non-conviction.
What about syringes?
Syringes and needles are carved out of s 10(2). They are dealt with under separate subsections (s 10(3) and s 10(4)), which create offences for:
- supplying a syringe or needle for use with a dangerous drug (s 10(3));
- possessing a syringe or needle without taking reasonable care with it to avoid danger to others (s 10(4)); and
- failing to safely dispose of a used syringe or needle (s 10(4A)).
These carry a maximum of 2 years imprisonment each. They exist because Queensland also operates a needle and syringe exchange program, and Parliament did not want to criminalise every person who carries a clean syringe in a harm-reduction context.
Common defences
Most s 10(2) charges are defendable on one of the following lines:
The item wasn't in your possession
If the bong was in a shared house and anyone could have used it, and there is nothing linking it specifically to you, the prosecution may not be able to prove possession. Possession requires knowledge and control.
The item hadn't been used and wasn't going to be
A brand-new, sealed, clean pipe with no residue and no evidence of intended use is not caught. The section requires a past or future connection with actual drug use.
Honest and reasonable mistake of fact
If you genuinely and reasonably believed the item was something else — for example, a glass ornament or a tobacco pipe — you may have a defence under section 24 of the Criminal Code.
No knowledge of the item's presence
Similar to the defence available for drug possession itself — if the item was in a shared area and you did not know it was there, that can be a defence.
A well-drafted letter to police prosecutions, setting out the evidentiary problems with a s 10(2) charge, will often result in the charge being withdrawn altogether — particularly where the drug charge itself is being dealt with by diversion. For background on how these negotiations work, see our brief of evidence article and going to trial in the Magistrates Court.
What are the usual sentences?
For a first offence involving a small amount of paraphernalia, outcomes are typically on the lighter end:
- drug diversion (no conviction recorded);
- a small fine, often in the $200–$600 range, with no conviction recorded; or
- a good behaviour bond.
For more serious matters — multiple items, scales and cash, repeat offending, or where s 10(1) is charged rather than s 10(2) — the outcomes can be much more serious, including community service, probation, or imprisonment.
Whether a conviction is recorded is one of the most important questions in the matter. For many people — tradies with licences, nurses, teachers, anyone with a Blue Card, people who travel for work — a recorded conviction for a drug-related offence can have real consequences well beyond the court.
Frequently Asked Questions
I was charged with drug possession and "possessing things". Why two charges? Because the law treats them as two separate offences. The drug is dealt with under s 9, the item under s 10. Police will almost always lay both where they apply.
The bong wasn't even mine. I was just at a mate's place. That may well be a defence. The prosecution has to prove you were in possession — which means knowledge and some degree of control. Simply being in a room with a bong is not automatically possession.
Will I get a criminal record? Not necessarily. If you are eligible for drug diversion and the court agrees, no conviction is recorded. If diversion is not available and the court imposes a fine, the Magistrate still has a discretion not to record a conviction.
Police didn't charge me on the day — they just took the bong. Can they still charge me later? Yes. Police can lay charges at any time within the relevant limitation period. They often forensically test items first (for example, residue analysis) and charge later by notice to appear. See our article on the notice to appear process.
Will this affect my Blue Card? It can. A recorded conviction for a drug-related offence — even the utensil charge — can trigger a review of your Blue Card. This is another reason to fight for no conviction where possible.
What if police threatened to charge me with supply because of the scales? That is a s 10(1) charge, not s 10(2) — and it is much more serious. Get advice immediately. Do not participate in an interview, and do not try to "explain" the scales to police. See our article on the right to silence in Queensland.
Why use Clarity Law
We are a specialist criminal and traffic law firm. Drug offences — including s 10 charges — are part of our day-to-day work in Magistrates Courts across South East Queensland.
If you engage us we will:
- review the full brief of evidence and identify any weaknesses in the s 10 charge;
- where appropriate, write to police prosecutions seeking withdrawal of the utensil charge on evidentiary or discretion grounds;
- run any diversion application carefully so the charge is not left outside it;
- appear for you at court and advocate for no conviction to be recorded.
How to get more information or engage Clarity Law
If you want to engage us or just need free initial information or advice you can:
- Use our contact form and we will contact you at a time that suits you.
- Call us on 1300 952 255 seven days a week, 7am to 7pm.
- Book a free 15-minute telephone consultation.
We are a no-pressure firm. If you engage us we will give you a fixed price so you know with certainty what we will cost. All client money is held in a trust account monitored by the Queensland Law Society.
Disclaimer: This article provides general information about Queensland law as at April 2026. It is not legal advice and should not be relied on as such. If you are affected by a charge under section 10 of the Drugs Misuse Act 1986, please obtain advice tailored to your circumstances.
