Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 10

10 Possessing things

(1) A person who has in his or her possession anything—

(a) for use in connection with the commission of a crime defined in this part; or

(b) that the person has used in connection with such a purpose;

is guilty of a crime.

Penalty—

Maximum penalty—15 years imprisonment.

(2) A person who unlawfully has in his or her possession anything (not being a hypodermic syringe or needle)—

(a) for use in connection with the administration, consumption or smoking of a dangerous drug; or

(b) that the person has used in connection with such a purpose;

commits an offence against this Act.

Penalty—

Maximum penalty—2 years imprisonment.

(3) A person (other than a medical practitioner, pharmacist or person or member of a class of persons authorised so to do by the Minister administering the Medicines and Poisons Act 2019 ) who supplies a hypodermic syringe or needle to another, whether or not such other person is in Queensland, for use in connection with the administration of a dangerous drug commits an offence against this Act.

Penalty—

Maximum penalty—2 years imprisonment.

(4) A person who has in his or her possession a thing being a hypodermic syringe or needle who fails to use all reasonable care and take all reasonable precautions in respect of such thing so as to avoid danger to the life, safety or health of another commits an offence against this Act.

Penalty—

Maximum penalty—2 years imprisonment.

(4AA) For subsection (4) , it is immaterial whether the hypodermic syringe or needle was for use, or had been used, in connection with the administration of a dangerous drug.

(4A) A person who has in his or her possession a hypodermic syringe or needle that has been used in connection with the administration of a dangerous drug who fails to dispose of such hypodermic syringe or needle in accordance with the procedures prescribed by regulation commits an offence against this Act.

Penalty—

Maximum penalty—2 years imprisonment.

(6) For subsection (1) , the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime.

Example—

Suppose a person is guilty of a crime against this section because he or she has in his or her possession equipment for use in connection with the commission of a crime defined in section 8 of unlawfully producing a dangerous drug. That dangerous drug is the dangerous drug referred to in the penalty for subsection (1) .