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Caught with Drugs?

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 [1967] 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.

Brisbane, Queensland.


AJ Faisal criminal lawyer Brisbane for corporate fraud or white collar fraud Charges

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter

These are blog posts and are not advice and please do not consider any of my blog posts as legal advice. These are merely to get basic and general ideas.

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