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Media Release: Get rid of your Tupperware in Queensland before new law hits
The Honourable Paul Lucas
14/10/2011
New drug law puts hole in supply chains
People found to be in possession of chemicals and ingredients used to manufacture illegal drugs could face trafficking charges when amendments introduced to Queensland Parliament yesterday are passed.
Attorney General Paul Lucas said the Government would seek to introduce a new offence of Trafficking in Precursors under the Drugs Misuse Act which would carry a maximum jail sentence of 20 years.
Mr Lucas said current legislation meant anyone found to be in the possession of a single precursor chemical or apparatus such as glassware or a pill press were charged with unlawful possession, unlawful supply or unlawful production carrying a maximum sentence of 15 years imprisonment.
He said the amendments aimed to see people in these circumstances charged with trafficking which would lead to a stiffer maximum sentence.
"Criminal groups have been dividing up responsibilities for equipment and substances used to make drugs so no one person holds all the key ingredients and equipment," Mr Lucas said.
"This is being done in a deliberate bid to avoid prosecution on trafficking charges.
"What these new laws will do is make sure courts have tougher sentences available to them to send a clear message that involvement in the manufacture of amphetamines, from the supply of chemicals to providing a pill press, can result in trafficking charges.
"This reflects the gravity and true criminality of possessing vast quantities of precursor chemicals used in the production of dangerous drugs.
"Anyone caught in the possession of a precursor chemical or apparatus will be charged with trafficking, carrying a maximum penalty of 20 years.
"The message is clear: if you don't have the chemicals to make dangerous drugs you can't make them. If you can't make them, you can't sell them. End of story."
Mr Lucas said Trafficking of a Dangerous Drug carried a maximum sentence of between 20 and 25 years depending on the type of drug and its quantity.
Media Release: No more smoking mulberry leaves in Queensland as we did as kids
The Honourable Paul Lucas
14/10/2011
New laws to stop the sale of synthetic drugs
Individuals selling synthetic cannabis in Queensland will no longer be able to circumvent laws prohibiting their sale by changing the ingredients in the product.
Attorney General Paul Lucas said amendments to the Drugs Misuse Act introduced to Parliament yesterday would allow authorities to charge someone with selling a banned substance even if key ingredients had changed to circumvent laws.
Mr Lucas said current laws meant substances were illegal if it could be proved that they actually had a similar effect to banned substances on Schedule 2 of the Drugs Misuse Regulation.
He said people selling substances on Schedule 2 of the Drugs Misuse Regulation could face a maximum of between 15 years and 20 years in jail but proving the effect could involve lengthy scientific processes.
The amendments will allow authorities to charge a person with supply of a dangerous drug if the substance is not on the banned list but is intended to have the same effect as a banned substance, Mr Lucas said.
"In recent times, there has been much media attention on products like Kronic which are cannabinoids intended to have the same effect as marijuana," Mr Lucas said.
"The Government has been making moves to ban cannabinoids, with three added the list of banned substances in September and the Government continuing to investigate if another 19 should be added, but in the past, people have attempted to circumvent these laws.
"Brands like Kronic have historically changed the ingredients that are used to manufacture the substance.
"Proving that the new product actually has the same effect as other banned cannabanoids can be difficult and take a long time meaning products are in the shops and on sale while scientific evidence is gathered.
"What this amendment means is that authorities only have to prove that the producer as little as intends for the product to have the same effect as a banned substance before a person can be charged and face the same stiff penalties.
"As Kronic is intended to have the same effect as other banned substances, the sale of Kronic will be effectively banned and no changing the chemicals that make it up will change that."
Mr Lucas said synthetic drugs had very complex chemical compositions.
"Drug cooks can make slight changes which technically make it a different drug even though it is intended to have the same effect," Mr Lucas said.
"Rather than let criminals set the agenda, this puts police one step ahead of the game and the health of young Queenslanders susceptible to taking drugs so much better off."
Mr Lucas it was important strong controls were in place from both a health and law and order perspective.
"These amendments will make it easier for authorities to act when substances have one aim and one aim only and that's to mimic the effects of illegal drugs," Mr Lucas said.
"Illegal drugs can have enormous impacts on society, in people's families and in the workplace.
"The consequences of synthetic drug use can have similar impacts.
"That's why we're making these amendments."
More than 380 drugs are currently listed in Schedule 2 of the Drugs Misuse Regulation meaning they are illegal to use in Queensland unless prescribed by a doctor or otherwise authorised by law.
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