Defence to Drug Offence
The most common misunderstanding we have about drug possession charges is that some of us believe that as long as the drug is not mine, I am not doing anything wrong.
You need to understand the meaning of “Possession”, you can be in possession of someone else’s belongings. So, if the police find you with drug or drugs in your house or property that your friends may own, maybe some cannabis, weed, methamphetamine, ice, green, MDMA or whatever drug it is, then you could be charged with s.9 of the drug misuse act!
But the Prosecution must need to prove that the person who is possessing the drug has the knowledge of it. The principle of this rule most likely came from Lockyer v Gibb  2 QB 243. It was stated that “it is quite clear that a person cannot be said to be in possession of some article which he or she does not realise is.”
Drugs Misuse Act 1986 (QLD)
Section 9 Possessing dangerous drugs
(1) A person who unlawfully has possession of a dangerous drug is guilty of a crime Maximum penalty could 25 years of imprisonment.
Need Legal Advice?
You may have arguable defence to challenge your drug related charges but it might be best if you seek legal advice before that. This article contains only the crux, there are more important information you need to know if you proceed to challenge. Failing to prove your point in the court will result additional penalty. Such as harsher sentence or Offender Levy.