QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.378BMeaning of minor drugs offence
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### sec.378B Meaning of minor drugs offence
A minor drugs offence is—
an offence against the Drugs Misuse Act 1986 , section 9 involving possessing not more than the prescribed quantity of a dangerous drug; or
an offence against the Drugs Misuse Act 1986 , section 10 (1) , (2) , (4) or (4A) or 10A (1) (a) , (b) or (c) involving possessing a thing for use, or that has been used, for the administration, consumption or smoking of a dangerous drug; or
an offence against the Medicines and Poisons Act 2019 , section 34 (1) involving possessing not more than the prescribed quantity of an S4 or S8 medicine.
However, a minor drugs offence does not include an offence mentioned in subsection (1) (a) or (b) if the possession relates to an offence by the same person against the Drugs Misuse Act 1986 involving production or supply of a dangerous drug or trafficking in a dangerous drug.
Also, a minor drugs offence does not include an offence mentioned in subsection (1) (c) if the possession relates to an offence by the same person against the Medicines and Poisons Act 2019 involving dealing with, manufacturing or supplying an S4 or S8 medicine.
In this section—
prescribed quantity , of a dangerous drug or S4 or S8 medicine, means a quantity of the drug or medicine prescribed under a regulation for this section.
s 378B ins 2023 No. 11 s 22
(sec.378B-ssec.1) A minor drugs offence is— an offence against the Drugs Misuse Act 1986 , section 9 involving possessing not more than the prescribed quantity of a dangerous drug; or an offence against the Drugs Misuse Act 1986 , section 10 (1) , (2) , (4) or (4A) or 10A (1) (a) , (b) or (c) involving possessing a thing for use, or that has been used, for the administration, consumption or smoking of a dangerous drug; or an offence against the Medicines and Poisons Act 2019 , section 34 (1) involving possessing not more than the prescribed quantity of an S4 or S8 medicine.
(sec.378B-ssec.2) However, a minor drugs offence does not include an offence mentioned in subsection (1) (a) or (b) if the possession relates to an offence by the same person against the Drugs Misuse Act 1986 involving production or supply of a dangerous drug or trafficking in a dangerous drug.
(sec.378B-ssec.3) Also, a minor drugs offence does not include an offence mentioned in subsection (1) (c) if the possession relates to an offence by the same person against the Medicines and Poisons Act 2019 involving dealing with, manufacturing or supplying an S4 or S8 medicine.
(sec.378B-ssec.4) In this section— prescribed quantity , of a dangerous drug or S4 or S8 medicine, means a quantity of the drug or medicine prescribed under a regulation for this section.
- (a) an offence against the Drugs Misuse Act 1986 , section 9 involving possessing not more than the prescribed quantity of a dangerous drug; or
- (b) an offence against the Drugs Misuse Act 1986 , section 10 (1) , (2) , (4) or (4A) or 10A (1) (a) , (b) or (c) involving possessing a thing for use, or that has been used, for the administration, consumption or smoking of a dangerous drug; or
- (c) an offence against the Medicines and Poisons Act 2019 , section 34 (1) involving possessing not more than the prescribed quantity of an S4 or S8 medicine.