What happens if police find drugs at your house or car in Qld?
If police find drugs at a place you occupy, including a house, unit, share accommodation, or vehicle, Qld law can treat you as being in possession of those drugs even if they were not physically on you. In some cases, you can also be charged with permitting a place to be used for a drug offence.
These charges are serious. They carry long maximum penalties and often rely on legal presumptions that reverse the usual burden of proof. Early legal advice is critical.
📞 Call (07) 3012 6531 now for strategic advice or fill in our Quick Enquiry form to arrange a free confidential call with our best Brisbane drug lawyers.
At a glance – occupier liability for drug offences in Qld
Relevant legislation – Drugs Misuse Act 1986 (Qld)
Key offences – possession of dangerous drugs (s 9), permitting use of a place (s 11)
Evidentiary presumption – s 129 Drugs Misuse Act
Places covered – homes, units, share houses, vehicles, aircraft, vessels
Maximum penalty – up to 25 years imprisonment for possession, up to 15 years for permitting use of a place
What is a ‘dangerous drug’ in Qld?
What is a ‘dangerous drug’ in Qld?
A ‘dangerous drug’ is defined in section 4 of the Drugs Misuse Act 1986 (Qld) and includes substances listed in Schedule 1 and Schedule 2 of the Drugs Misuse Regulation 1987 (Qld).
Schedule 1 drugs are treated as the most serious and include substances such as:
Methylamphetamine
Cocaine
Heroin
MDMA (ecstasy)
LSD
Schedule 2 drugs include other illicit substances commonly encountered, such as:
Cannabis
GHB
Methadone
Morphine
Diazepam and Temazepam
Synthetic cannabinoids
Anabolic and androgenic steroids
The schedule a drug falls under, and the quantity involved, will affect the maximum penalty.
What does ‘possession’ mean for drug charges in Qld?
Possession does not require drugs to be found on your body.
Under section 1 of the Criminal Code (Qld), possession includes having something under your control in any place, whether for your own benefit or another person’s benefit.
For drug offences, section 116 of the Drugs Misuse Act confirms that this Criminal Code definition applies.
This means police and prosecutors often focus on control, not ownership.
How occupier liability works for drug possession?
Section 129(1)(c) of the Drugs Misuse Act is central to occupier liability.
If a dangerous drug is found in or on a place of which you are the occupier, that fact is conclusive evidence that the drug was in your possession unless you prove that you neither knew nor had reason to suspect the drug was there.
This is a powerful provision. It reverses the usual burden of proof.
The issue in many cases becomes whether you were truly the occupier and whether you can rebut the presumption of knowledge.
Who is considered an ‘occupier’?
The Drugs Misuse Act does not define ‘occupier’. Courts determine this question based on the facts of each case.
The consistent theme from the case law is control, particularly the ability to exclude strangers.
Key principles from Qld cases include:
Ownership alone does not make someone an occupier
Mere presence is not enough
An occupier must have control in the sense of being able to exclude others
A person may be an occupier even if they are not physically present
Joint occupation is possible, but not everyone present is necessarily an occupier
In Thow v Campbell, the court emphasised that occupation requires control, particularly the ability to exclude strangers. In that case, a person who had moved out and left belongings behind was not considered an occupier.
In R v Smythe, the court confirmed that a person does not need to be physically present at the time drugs are found to be an occupier.
Can you be an occupier of only part of a place?
Yes. Courts recognise that a person can be an occupier of only part of a premises, depending on use and control.
This can be critical in share houses, family homes, or mixed-use properties where access and control differ between occupants.
Are vehicles treated as a ‘place’?
Yes. Section 4 of the Drugs Misuse Act states that a ‘place’ includes a vehicle, aircraft, or vessel.
The same occupier principles apply. Courts look at who had control of the vehicle at the relevant time.
In practice, drivers are often treated as occupiers because they control access and use. Passengers are not automatically occupiers, but joint control can arise depending on the facts.
What if you knew drugs were there but did not control them?
Knowledge alone is not always enough.
In R v Solway, the court held that knowing drugs existed in a communal area, and intending to deal with them later, did not amount to possession without control.
This distinction is often critical in shared living arrangements.
What is the offence of permitting a place to be used for drug offences?
Section 11 of the Drugs Misuse Act creates a separate offence.
If you are an occupier, or concerned in the management or control of a place, and you permit that place to be used for a drug offence, you commit a crime.
Ownership is not required.
The maximum penalty is 15 years imprisonment.
What does ‘permit’ mean in practice?
The word ‘permit’ requires more than mere presence.
Earlier legislation used the words ‘permit or suffer’. Courts interpreted ‘suffer’ as passive allowance. The current Act removed that word.
As a result, courts have indicated that permitting use involves some level of knowledge and allowance of specific drug-related activity.
In R v Von Snarski, the court described ‘permit’ as relating to specific activity, even where the occupier knows what is occurring and stands back.
Knowledge is required. Suspicion alone is not enough, but knowledge can be inferred where a person deliberately ignores obvious circumstances.
What must the prosecution prove?
For possession based on occupier liability:
Drugs were found at a place
You were the occupier or in control
The statutory presumption under s 129 applies
For permitting use of a place:
You were an occupier or involved in management or control
A drug offence occurred at the place
You knowingly permitted that specific activity
Each element must be carefully analysed. These cases are rarely straightforward and advice from an expert criminal defence lawyer in Brisbane is critical when facing serious charges in Qld.
Will I go to jail for drug offences in Qld?
The maximum penalty is the highest sentence available for the most serious cases. It does not mean you will automatically go to jail for that length of time. In many drug matters in Qld, sentences are well below the maximum once the court considers the facts, your role, the type and quantity of drug, and your personal circumstances.
For serious drug charges, early advice from an experienced criminal defence lawyer Brisbane is critical. Our drug lawyers focus on preparing submissions aimed at avoiding prison or reducing any term of imprisonment.
Below are examples of the maximum penalties under the Drugs Misuse Act 1986 (Qld).
Possession of dangerous drugs – section 9
Depending on the drug type and quantity, the maximum penalties include:
Up to 25 years imprisonment for Schedule 1 drugs at schedule quantities
Up to 20 years imprisonment in certain dependent-person scenarios
Up to 15 years imprisonment in other cases
Permitting use of a place – section 11
Maximum penalty – 15 years imprisonment
Actual outcomes depend heavily on the facts, your role, the drug involved, and whether defences are available.
Will I lose my job if I am charged with a drug offence in Qld?
Drug charges can affect your job and reputation, particularly in professional or regulated roles. Even before your matter reaches court, allegations alone can raise concerns with employers, professional bodies, and licensing authorities.
Depending on your role, a charge or conviction may affect:
Employment and professional registration
Security clearances, weapons licences, or industry licences
Your reputation, family relationships, and standing in the community
A conviction for a serious drug offence can have long-term consequences well beyond any sentence imposed. This is why early advice and careful handling of the case is critical, not just for court outcomes but for protecting your future.
What should I do if the police find drugs at my house or car in Qld?
If drugs are found at your place:
Remain calm and polite
Be aware that the police are likely operating a body-worn camera. As such, anything you say and do will likely be recorded.
Exercise your right to silence and do not answer police questions whether on or off-the record. There is no such thing as an ‘off-the-record’ conversation with the police as anything said could still potentially be used against you
If the police ask you for your device-access information e.g. pin or password to access your laptop or phone, be very careful. If an order is made in the search warrant to provide device-access information, then you will need to do so and by not providing this, you will be committing an offence. However, if no such order is made, in most cases it is best not to voluntarily consenting to providing this information. This is a very critical step and can affect the outcome of a case. It is crucial to ask to speak to a criminal lawyer in this situation before providing any information.
Ensure that you retain a copy of all paperwork given to you by the police such as search warrants
Early advice can affect the evidence, charges, and outcomes.
📞 Call (07) 3012 6531 now for strategic advice or fill in our Quick Enquiry form to arrange a free confidential call with our best Brisbane criminal lawyers.
Frequently asked questions about occupier liability and drug charges in Qld
Can I be charged even if the drugs were not mine?
Yes. Under section 129, drugs found at a place you occupy can be treated as being in your possession unless you prove you did not know, and had no reason to suspect, they were there.
What if I was not home when police found the drugs?
Physical presence is not required. Courts have held that an occupier can still be liable even if absent, depending on control of the place.
Can more than one person be an occupier?
Yes. Joint occupation is possible, but courts distinguish between someone who controls a place and someone who merely shares it.
Is permitting a place to be used the same as possession?
No. They are separate offences. Possession focuses on control of the drug. Permitting use focuses on allowing drug activity at a place you control.
Choosing the best drugs lawyer in Brisbane
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The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated December 2025
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.