Drug Diversion in Queensland
If you have been charged with possessing a small quantity of drugs for personal use, drug diversion may allow the matter to be resolved without a conviction and without a criminal record. This guide explains how the diversion framework works in Queensland, whether you are likely to be eligible, and what happens at each stage.
What Is Drug Diversion?
Drug diversion is an alternative to prosecution. Instead of going through the court process and receiving a sentence, a person charged with a minor drug offence completes a drug assessment or education session. If completed, the charge is dealt with — and no conviction is recorded. The policy rationale is straightforward: for people whose drug use is at the personal-use end of the spectrum, a…
The 2026 Framework — What Changed
Queensland's drug diversion laws changed significantly in April 2026. The previous three-tier system — police diversion, drug assessment and education session (DAES), and court-ordered diversion — was repealed. The new Illicit Drug Enforcement and Diversion Framework replaced it. Key differences: Eligibility has been restructured. The new framework has different criteria for which offences…
Who Is Eligible?
Diversion is generally available for: Possession of a small quantity of a dangerous drug for personal use — section 9 of the Drugs Misuse Act 1986 (Qld) Possession of drug utensils — section 10 of the Drugs Misuse Act It is not available for: Supply, trafficking, or production charges Possession of commercial quantities Offences involving violence, driving, or weapons People who have exceeded the…
How Diversion Works in Practice
The diversion process follows these steps: Step 1: The offer Diversion can be offered by police at the time of charging, or by the court at the first mention. If police did not offer diversion but you are eligible, Sacha can raise it at court — or liaise directly with Queensland Police Service to have the offer made. Step 2: Assessment or education session The person completes a drug assessment…
Diversion vs Section 12 — Which Is Better?
For a first-offence drug possession charge, there are two common ways to avoid a criminal record: Drug diversion The charge is dealt with through an education session. No conviction is recorded. No court appearance is required (if police diversion is offered at the charging stage). Fast and straightforward. Section 12 — no conviction recorded Under section 12 of the Penalties and Sentences Act…
What Diversion Does Not Cover
Diversion deals with the criminal charge. It does not address every consequence of being found with drugs. Driving charges. If you were drug driving at the time — that is a separate charge under the TORUM Act and is not eligible for diversion. Supply allegations. If police allege the drug was for supply — even if you disagree — diversion is not available for the supply charge. The allegation must…
If Police Did Not Offer Diversion
Police do not always offer diversion at the time of charging, even when the person is eligible. This can happen because: The officer was not aware diversion was available The circumstances at the scene were chaotic (arrest, search warrant, watch-house processing) Police formed the view — rightly or wrongly — that the quantity was not for personal use If you were eligible for diversion but it was…