QLD First Offence for Possession of Drugs - Consequences under Criminal Law?

[MangoParty]

A friend and I were caught with a Bong, 2 grams of cannabis and 0.1grams of MDMA. This is our first offence ever and we'd like to know what sort of trouble we are in. Should we get a lawyer?

The police themselves at the time said we would just get " a kick up the backside " but we are both nervous and we are both full-time uni students, so the idea of a fine or something more severe is a scary thought. We had to take a DNA swab and a photo at a police station as well. Do we now have a criminal record for possession of drugs? Overall, how much trouble are we in under Criminal Law?

Any answer to this would be immensely appreciated as the case is coming up in a couple days.

 

[Sophea]

Whether you will have a criminal history will be determined by whether or not you are convicted of the offences they have charged you with. What have you been charged with?

If you have been charged with possession of the above listed drugs - the Drugs Misuse Act prescribes the max penalty to be 15 years imprisonment. Cannabis is a Schedule 2 drug and MDMA is a Schedule 1, Part 1 drug and the quantities of each are quite low so it is likely to be less than that. Its difficult to say what a court will determine. A lawyer is always helpful in assisting you to put together your plea and any arguments you need to make in your defence to minimise the sentence.

 

[MangoParty]

Wait. Are you telling me that for my first offense I've ever had in my life for a small possession will get me jail time?

 

[Tim W]

Should we get a lawyer?

For drug matters? Yes, always.

The police themselves at the time said we would just get " a kick up the backside "

What they say is worth little. Here's hoping they are right though.

...but we are both nervous and we are both full-time uni students, so the idea of a fine or something more severe is a scary thought. We had to take a DNA swab and a photo at a police station as well. Do we now have a criminal record for possession of drugs?

Yes, a conviction can be a problem for some kinds of work in the future, where good character is a factor.

Overall, how much trouble are we in under Criminal Law?

Quite a lot. Any drug matter is serious.
And working out an appropriate penalty (assuming you are guilty) is something a lawyer can certainly help with.

 

[MangoParty]

Man you guys scared the s**t out of me! All I got was a one hour drug diversion session and a 4 month good behaviour bond. A mere drop of moisture compared to the tidal wave this thread set me up for. This exact penalty was given to about eight of us, with the large majority being meth users. Essentially nothing.
Thanks anyway though!

 

[Tim W]

Man you guys scared the s**t out of me! All I got was a one hour drug diversion session and a 4 month good behaviour bond. A mere drop of moisture compared to the tidal wave this thread set me up for. This exact penalty was given to about eight of us, with the large majority being meth users. Essentially nothing.
Thanks anyway though!

Glad to hear it.