A person can still be charged with drug possession and face a lengthy prison term even if they did not buy or use the drugs, says leading legal firm Creevey Russell Lawyers.
Creevey Russell Criminal Law Team Leader Trent Jones said drug possession covers a wide range of scenarios with penalties of up to 25 years jail if convicted.
“The most common scenario is that a person is charged with drug possession, because they are found with dangerous drugs on their person, which is referred to as actual possession,” Mr Jones said.
“But a person still can be charged with drug possession if that person knows about the drugs in their house, car or room, even if they did not buy or use them. All the prosecution has to prove is a person knew of the existence and presence of a dangerous drug within his or her physical control. A person can also be charged with possession of drug utensils or equipment used to take or produce illegal drugs.”
“If drugs are found in a place occupied by a person, that person is deemed to have possession of the drugs. The onus is on that person to prove that they did not know the drugs were there and had no reason to suspect or believe that they were.”
Mr Jones said penalties for drug possession vary greatly depending on the type of drug located and the amount of the drug.
“If a person is found to have a drug that is found in Schedule 1 of the Drugs Misuse Regulations 1987, such as MDMA, cocaine, heroin, cannabis or methamphetamines, and that quantity exceeds that in Schedule 4 of the Drug Misuse Regulation 1987, the maximum penalty for such offence is 25 years imprisonment. The maximum penalty of 25 years imprisonment decreases to 20 years if the Court is satisfied that you have a drug addiction.”
If you have been charged with a drug offence it is essential to obtain legal advice from the outset to protect your rights and interests. The team at Creevey Russell have an exceptional track record when it comes to defending drug charges and can be reached on 1800 CRIME LAW.
About Creevey Russell Lawyers
Creevey Russell Lawyers is a full service law firm which operates primarily from our Brisbane practice, with the capacity to provide superior legal services to western Queensland through our Toowoomba and Roma practice. Creevey Russell Lawyers deliver results to a variety of clients including developers, corporations, accountants, liquidators and private clientele.