Offences Involving Ice


Ice, more properly known as methamphetamine, is a stimulant drug which is illegal to import, possess, supply or traffick in Queensland. This section describes the range of offences involving ice under Queensland law and includes the likely penalties imposed for them.

Methamphetamine / ice is classified as a ‘schedule 1 dangerous drug’ under the Drugs Misuse Regulation 1987.

Possess Methamphetamine

It is illegal to possess dangerous drugs pursuant to section 9 of the Drugs Misuse Act 1989.

The maximum penalty for possessing methamphetamine / ice depends on the quantity of the drug possessed. There are three quantity ranges under the Drugs Misuse Act and Regulations. The table below shows the maximum penalty for each of the different quantities.

Quantity Maximum Penalty
Less than 2 grams 15 years imprisonment
2g or over 20 years imprisonment
200g or over 25 years imprisonment

 

Will I go to jail for possessing methamphetamine?

If you are guilty of possessing over 200 grams of the drug then a sentence of imprisonment is almost inevitable. For lesser amounts, in particular amounts under 2 grams, sentences other than imprisonment are often imposed. If you are guilty of possessing under 1 gram of the drug, and if it is your first drug offence, you might be eligible for a drug diversion order.

It is very important that a person charged with possessing methamphetamine / ice seeks competent legal representation at an early stage.

Supply methamphetamine

It is illegal to supply a dangerous drug pursuant to section 6 of the Drugs Misuse Act 1989.

The maximum penalty for supplying methamphetamine / ice depends on the nature of the supply. The table below shows the maximum penalties that apply to supplying methamphetamine / ice in different circumstances.

Type of Supply Maximum Penalty
Supply to a child under 16 Life imprisonment
Aggravated supply 25 years imprisonment
Supply in any other case 20 years imprisonment

‘Aggravated supply’ is when a person supplies methamphetamine / ice to someone who is over 16 but under 18, supplies the drug in an educational or correctional facility, supplies it to a person who is intellectually impaired or supplies it to as person who does not know they are being supplied with methamphetamine / ice.

Will i go to jail for supplying methamphetamine?

If you are guilty of aggravated supply a jail sentence is almost inevitable. For less serious examples the offence, for example a young person who purchases a small amount of the drug to share with their friends, a custodial sentence is often avoidable.

Trafficking methamphetamine

It is illegal to carry on a business unlawfully trafficking in a dangerous drug, pursuant to section 5 of the Drugs Misuse Act 1989.

The maximum penalty for trafficking methamphetamine/ ice is 25 years imprisonment.

Will I go to jail for trafficking methamphetamine

While not inevitable in less serious cases, most people who are guilty of trafficking methamphetamine / ice can expect to receive a jail sentence, normally with a portion served inside a jail.

If a person receives a sentence of imprisonment (other than an Intensive Corrections Order or a suspended sentence) then the law requires the court to order they serve 80% of their sentence inside of jail before being eligible for release.

Producing methamphetamine

It is illegal to produce dangerous drugs pursuant to section 8 of the Drugs Misuse Act 1989.

The maximum penalty for producing methamphetamine / ice depends on the quantity of the drug produced. There are three quantity ranges under the Drugs Misuse Act and Regulations. The table below shows the maximum penalty for each of the different quantities.

Quantity Maximum Penalty
Less than 2 grams 15 years imprisonment
2g or over if produced by a drug addicted person 20 years imprisonment
2g or over if produced by a non-drug addicted person 25 years imprisonment
200g or over 25 years imprisonment

 

Will I go to jail for producing methamphetamine

A sentence of imprisonment is not inevitable, but one should be expected in most cases if you are guilty of producing methamphetamine / ice. It is very important that a person charged with producing methamphetamine / ice seeks competent legal representation at an early stage.

Importing methamphetamine

Methamphetamine / ice is a border controlled drug.

Importing a border controlled drug is a federal offence under Division 307 of the Commonwealth Criminal Code.

The maximum penalty for importing methamphetamine / ice depends on the quantity imported.

There are three different quantity ranges under the Commonwealth Criminal Code. The table below shows the maximum penalty for each of the different quantities.

Quantity Maximum Penalty
Importing or exporting a border controlled drug 10 years imprisonment and/or 2000 penalty units
Importing or exporting marketable quantities of a border controlled drug 25 years imprisonment and/or 5000 penalty units
Importing or exporting commercial quantities of a border controlled drug Life imprisonment and/or $750,000

The following table shows what amount of methamphetamine / ice is considered a marketable quantity and commercial quantity.

Marketable Quantity Commercial Quantity
2.0g 750.0g

 

Will I go to jail for importing methamphetamine

Almost certainly, yes.

An offence of importing methamphetamine / ice will normally attract a sentence of imprisonment, even for first time offenders. It is very important that a person charged with such an offence seeks competent legal representation at an early stage.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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