Drug possession - 21 September 2023
Drug Possession
In Queensland, under the Drugs Misuse Act 1986 (DM Act) it is an offence to possess any substance which is classified as a dangerous drug. But did you know that you could be deemed by the Police to be in possession of drugs which aren’t even yours and/or are not in your direct possession? This is called “occupier’s liability”.
What is occupier’s liability?
Under the DM Act, a person who occupies a place is deemed to be in possession of any drugs found in that place, unless the person can prove that they neither knew the drugs were in the place nor had any reason to suspect they would be there. This is one of the few times in criminal law that a defendant has the burden of proof.