Drugs, the Law & Young People

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Most people use some kind of legal drugs - tobacco, alcohol, medicines and caffeine are part of everyday life for some people.

Illegal drugs like marijuana and 'speed' are a part of life for some people too.

In Queensland, laws and regulations govern most drugs and the penalties for misusing drugs can be harsh.

Think about the drugs you use.  Read this information carefully.  You need to know where you stand.

Use of both legal and illegal drugs can cause legal problems and breaking the law may have a greater effect than just a court appearance.  It's bound to affect your family and friends.

A drug record may affect your job chances or your chances of getting a visa for entry into some countries overseas.

Generally, if you are under 18 years of age (and in a licensed premises or public place) you are breaking the law if you:

• Are in possession of alcohol
• Drink alcohol
• Give alcohol to other people who are under 18
• Send someone else who is under 18 to buy alcohol
• Use someone else's ID to try to purchase alcohol

If you are 18 or over, generally you are breaking the law if you:

• Supply alcohol to a person under 18 in a licensed premises or public place
• Send someone under 18 to buy alcohol
• Allow another person to use your ID to purchase alcohol or to obtain a proof of age card

Liquor license holders and their employees who sell alcohol to people less than 18 years of age are also breaking the law and can face heavy penalties.

FAQ’s

"I'm at a party at a friend's house.  Can I be arrested for underage drinking?"

No, but you need to be aware of how much you drink and how the alcohol may affect you.

"What happens if I'm at a party which is busted for illegal drugs that I haven't used?"

You'll be questioned and your parents may be told.  Of course if you're not involved in any way, you're not in trouble with the police.

"I get booked for underage drinking.  What will happen to me?"

Your parents may be told, any alcohol will be confiscated and you may have to go to court.  You may be given a penalty.

 “Can police take me home or to the police station?”

Depending upon the circumstances in which you are located and or whether you are committing an offence or suspected of committing an offence, you may be taken to a police station or you may be taken home or to a place of safety.

“Do my parents have to be present when I’m spoken to by police?”

A support person (which includes a parent or guardian) should attend the questioning of a child in some circumstances.  If arrested or served with a ‘notice to appear’ before a court, police will promptly provide advice to a parent of a child.

"What will happen if I try to use a false ID to get into a nightclub"

It will be confiscated from you, your correct details will be taken from you and you may be fined on the spot or summonsed to appear in court.

"I am required by police to state my name and address - do I have to give it?"

Yes, many sections of law require you to state your name and address.  If you don't you may be arrested and charged.

"What happens if I'm arrested?"

You'll be taken to a police establishment.  You may be fingerprinted and photographed.  Depending on the seriousness of the charge, you may appear before a magistrate.

“Can police search me?”

Generally, depending upon the circumstances, police officers have various powers to search people.

"I'm charged - do I get a criminal record?"

If you go before a court and plead guilty or are found guilty, a criminal history, including findings of guilt as a child without conviction being recorded, will be brought into existence.

“If I’m charged with a drug offence as a juvenile will it affect me when I’m an adult?”

A conviction against a person as a child maybe, in some circumstances, referred to when the person is an adult.

RU Breaking the Law

You are breaking the law if you:

• Drive or are in charge of a motor vehicle (e.g. car, motorbike) with an alcohol concentration over 0.00 up to 0.05 if you are under 25 years of age and while you are on L plates, on a provisional license or a probationary license or unlicensed
• Drive or are in charge of a truck, bus, taxi, vehicle carrying dangerous goods, driver training vehicle, escort vehicle, tram, train or vessel with an alcohol concentration over 0.00 up to 0.05.
• Drive or are in charge of a motor vehicle, tram, train or vessel with an alcohol concentration of 0.05 or above
• Drive or are in charge of a motor vehicle (e.g. car, motorbike), tram, train or vessel whilst you are ‘under the influence’ of liquor or a drug
• Sell or give tobacco to someone under 18 years of age
• Dishonestly use someone else's ID as your own
• Falsely represent yourself to be over 18 years of age in certain circumstances (for example, to gain entry to licensed premises and/or buy alcohol)
• Possess cannabis yourself, or supply it to someone else
• Have a bong that you have used or is for use by anyone to smoke cannabis
• Grow cannabis
• Publish or have a copy of a recipe for the production of a dangerous drug
• Unlawfully give someone prescription drugs (unless you are a doctor or pharmacist)
• Possess other illegal drugs (such as 'speed', ecstasy, heroin) or supply them to someone else.

These are only a sample of illegal situations

Where to Find More Information or Advice

Your local Doctor

If you think someone has overdosed on a drug, ring emergency on Triple Zero (000) and ask for an ambulance.  Police are not normally called to overdoses.

Web Resources

Australian Drug Information Network (ADIN)
http://www.adin.com.au

Queensland Police Service – Drug & Alcohol Information
http://www.police.qld.gov.au/services/drugs/

Generate (Queensland government youth site)
http://www.generate.qld.gov.au/

The Source (Commonwealth government youth site)
http://www.thesource.gov.au

Disclaimer:  This information contains general comments only and should not be relied upon as specific advice.  The contents do no constitute legal advice.  Formal legal advice should be obtained for particular matters.

Produced by Queensland Police Service, Drug & Alcohol Coordination, (07) 3364 4601.

December 2006

Funding provided by the National Drug Strategy Law Enforcement Funding Committee