There are many offences relating to illicit substances. These offences do not only relate to possession, but also to trafficking, producing and supplying dangerous drugs. These are serious offences which may carry severe consequences.
There are also less serious offences regarding drug paraphernalia, such as bongs, pipes, needles an scales. These items are referred to as “utensils” and “things”.
You should seek legal advice if you are charged with any form of drug offence.
Is it illegal to possess a bong or pipe?
Yes, it is an offence to possess “things” that are used to administer (or “take”) illicit substances if the items have been used for a drug offence. For example, it is an offence to be in possession of a bong that has been used to smoke cannabis.
It is also an offence to be in possession of a thing which you intend to use in connection with an offence. For example, it is an offence to have a pipe that you intend to use to smoke methylamphetamine (commonly known as “ice”).
The prohibition includes any item that is used in connection with illicit substances, and can therefore include clip seal bags, scales and vacuum sealers.
What is the penalty for possession of a utensil?
The penalty for possessing a utensil used to administer, consume or smoke a dangerous drug is 2 years imprisonment (jail).
However, you may be eligible for a drug diversion program. The programs are aimed at diverting minor drug offenders away from the Court system, by referring offenders to a drug education session. Diversion is provided as an alternative to the other penalties available to the Court, such as issuing a fine or imposing a community based order.
You can find out more about drug diversion by clicking here.
What do I do if I get charged with possession of a utensil?
You should seek legal advice if you are charged with possession of a utensil. You can contact our office on 07 4963 2000 or via our online contact form if you would like to speak to our solicitors or find out more information regarding your drug offence.