Hi there. If you have been charged with a drug offence, you will be required to attend a court hearing on a specified date. At the hearing, you will have the option of pleading guilty or not guilty. If you plead not guilty, the police prosecutor will present their evidence of the crime and then you will have the opportunity to challenge this evidence or otherwise defend the charge against you. If you are found to be not guilty of the offence, you will not receive a penalty.

If you are found guilty or if you plead guilty to the offence, the court will impose a sentence that it deems appropriate in the circumstances. In Queensland, the penalty for possession of a dangerous drug depends on the type of drug and the amount of the drug. MDMA and LSD are considered ‘schedule 1’ dangerous drugs and possession of either drug is an offence carrying a maximum penalty of 15 years’ imprisonment. If the offence involves a large quantity of the drug (i.e. at least 0.4g of LSD or 200g of MDMA), the penalty increases to 25 years’ imprisonment. These are the maximum penalties available, and are only imposed in the most serious cases. The court also has discretion to impose lesser penalties (such as fines, good behaviour bonds or community service orders) or no penalty at all.

The penalty that you may face will be based on the seriousness of the crime and the circumstances in which it occurred. The court will also give you an opportunity to present any mitigating factors that may explain your offending behaviour or personal circumstances. The court will consider your personal situation (e.g. age, health, financial status, family situation, employment prospects) as well as your attitude towards the crime. The court will also take into account any prior convictions, especially if they are drug related.

In terms of the future, your criminal record will show the drug offences you have been charged with and the penalties imposed. This may affect your future job prospects and ability to hold certain government clearances. An existing criminal record will also mean that, if you are convicted with another offence in the future, your penalty will be more severe than if you had no prior criminal record.

Suggested way forward

Although it is possible to represent yourself in court, you would benefit from speaking to a criminal lawyer about what to expect and how to prepare for your hearing. A lawyer can also represent you in court. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.