What are the laws?

Both Federal and State governments have laws which regulate drugs. The Customs Act (federal) covers international trafficking and the importation and exportation of drugs. Although there are differences between States, every State also has specific laws and penalties in relation to drugs. These laws deal with:

• manufacture
• possession
• distribution
• consumption or use
• related behaviour (like driving)
• advertising and labelling

In Queensland, the main laws are the Drugs Misuse Act 1986, the Liquor Act 1992, the Transport Operations (Road Use Management) Act 1995, the Criminal Code, the Police Powers and Responsibilities Act 2000 and the Health (Drugs & Poisons) Regulation. These laws cover both legal and illegal drugs.

Drug laws in Australia also distinguish between those who use drugs and those who make a business of supplying, producing or trafficking in drugs.

Drugs can be divided into three groups, each with its own set of laws and regulations.

Legal drugs which people can legally use in any amount include:

• caffeine
• nicotine
• alcohol
• aspirin, paracetamol

Queensland has laws about who can manufacture, buy and sell some legal drugs like alcohol and tobacco. For instance, the sale of alcohol and tobacco to minors is illegal and the use of these two drugs in some public places is restricted. Queensland also has laws about the advertising and promotion of legal drugs which, for example, control when and where alcohol and tobacco can be advertised.

Penalties usually include fines, and can also involve the suspension of a trading licence like a liquor licence. Anyone who wants to take action about the sale of legal drugs to minors can report an offence to the police or Licensing Commission.

Legal medicinal drugs which people can use legally but in accordance with a doctor's prescription include:

• minor and major tranquillisers like Serepax, Valium, Librium
• sleeping pills like Mogadon, Rohypnol, Noctec
• sedative-hypnotic barbiturates like Amytal, Nembutal
• sedative-hypnotic non-barbiturates like Doriden, Dormel

Companies which manufacture medicinal drugs like antibiotics and sleeping pills have to be licensed. They can only sell to licensed pharmacists who in turn can only sell these drugs to people who have a legal prescription.

The law also regulates who can write a prescription for legal medicinal drugs. Stealing, altering, forging or presenting a false prescription are also offences. It is also an offence to supply, or offer to supply a medicinal drug to anyone for whom it was not prescribed.

Penalties can include a heavy fine and/or prison sentence and if the offence has been committed by a doctor, dentist or pharmacist, their licence to practise and/or prescribe dangerous drugs may be suspended or revoked.

Illegal Drugs which are illegal for people to possess include:

• narcotic analgesics like opium and heroin
• stimulants like amphetamines (speed) and cocaine
• hallucinogens like LSD, psilocybin and mescaline
  
• cannabis products like marijuana and hashish

A wide range of other drugs are also covered by the Drugs Misuse Act including performance and image enhancing drugs, ephedrine and flunitrazepam (commonly known as Rohypnol). Some of these drugs can be prescribed for the treatment of medical problems or used in medical research, but a doctor must first get the appropriate approval.

Penalties

It is worth knowing that if you have quantities of an illegal drug over a certain amount (sometimes called the 'trafficable quantity') then you can be convicted not only of possessing but also of trafficking in that drug (by reason of the amount in your possession).

The Customs Act, which covers the import and export of goods in Australia, defines the trafficable quantities of illegal drugs as:

• cannabis: 100g or more
• cannabis resin: 20g or more
• opioids: 2g or more
• LSD: 0.002g or more

• cannabis: 500g or more, or if plants - weight is less than 500g and 100 plants
• heroin: 2g pure or more
• cocaine: 2g pure or more
• LSD: 0.004g pure or more

If you have less than these amounts, you can still be charged with possessing that drug. Penalties for this offence usually include fines and/or a term of imprisonment, a suspended sentence, probation or community service.

Another option for police and magistrates to deal with drug offenders is diversionary programs. The Police Diversion Program ( 12 KB), which commenced in 2001, is offered to eligible juveniles and adults charged with possession of 50 grams or less of cannabis. Offenders will be required to admit guilt and agree to undertake a drug assessment/brief intervention which includes an education program.

It is also an offence to publish or have possession of a recipe for the production of a dangerous drug.

If you are convicted of supplying illegal drugs, the law can be very severe. Penalties include very heavy fines, and long prison sentences. Dealing in illegal drugs is viewed harshly in all parts of Australia.

Courts can distinguish between different drugs when dealing with drug offences. For example, selling heroin is likely to be dealt with much more severely than selling cannabis. In Queensland, the Drugs Misuse Act has maximum penalties for defined quantities of supply for each illegal drug.

In an attempt to reduce drug dependency in the community, the level of drug related criminal activity, health risks associated with drug dependency and pressure on resources in the court and prison systems, a court diversion program is currently being trailed in Queensland. These Drug Courts focus on identifying drug dependent persons and utilising sentencing options and rehabilitation programs.