QLD Possession of Utensils - Is It Illegal?

You're innocent right? Don't do drugs, don't have anything to do with drugs? Don't even take panadol right?

So help me out, why did you have scales, bags and a straw? Look the scales are the real issue... Let's face it, what else are digital scales for?

Generally the opinions people give out here is to help someone with a genuine dispute or because they are innocent or because they acknowledge wrongdoing and are remorseful.

The way I see it, this forum is not a place to help people evade the law. Drug dealers get no help from me.

Mate, I wasn't making a moral judgement. What I was getting at is you've been charged with possessing utensils. You're only real chance if getting off is if you can prove that you had the stuff for a reason other than a reason that is drug related....

Now the thing with proof is it has to be true... So if you have a legitimate and legal reason for having the tools, then tell the good folk here and they will try and help you, but if you had the scales, etc., for the purposes of anything to do with drugs then pleading guilty might be a good idea because... well you are guilty...

One last thing - don't bother using this one - My friend asked me to look after them and I had no idea...

Even if it happens to be true a judge ain't gonna believe it.

In answer to your original question - Yes, it can still be illegal. Certain states/territories have provisions that make it an offence to possess and sell such items that would be deemed paraphernalia. For a charge such as this you'll need to see a lawyer .

There's a vast number of variables in drug cases that would warrant inquiry ie, what are the circumstances that you were found to be in possession? Are you disputing the element of possession? Are all of the items you've mentioned contained in the relevant Code? (I'm not that familiar with Qld).

One thing to bear in mind if you are not disputing possession is that it is a defence to the charge if you had a reasonable excuse to have the equipment. It is up to you to show that you had a reasonable excuse.

As above, you ought to make contact with a lawyer - see LawTap - Find a Lawyer & Book Online Instantly

pup71 said:

I've been charged with possess utensils. They were:

A set of digital scales
80 clip seal bags
A straw.

None had drugs or residue in or on them. There were no drugs or money found or any other charges.

I know it's not a good look, but is it illegal?

Click to expand...

Hi pup71,

For your interests;

I carry digital scales around in my car with me daily. You will most likely find clip bags of all different sizes in my car too.

My reason:

I am a beauty therapist. I often work mobile for my clients' ease and comfort, especially those with young children to care for. I use a wax products that require weighing before melting to create correct consistency for a Brazilian "pain free" wax as opposed to, say, a leg wax which requires strip wax.

I keep all my jewellery in clip bags. Mostly costume jewellery but also earrings as I'm forever loosing the pair or even more annoying loosing just one earring of the pair! Now, each time I take them out or change earrings over, I go straight to my pack of little baggies (which coincidentally happened to be in my car glovebox right now).

So as you see there is a fair reason for everything you do...perhaps you or your girlfriend is in similar industry...

Good luck with our ridiculous flawed law system here in Oz.

Well, obviously, you've recently become obsessed with your health and use the scales for weighing meal portions, vitamins, protein, etc. Depending on their size you must use the clip seal bags to carry around and keep food fresh, if they're smaller perhaps your girlfriend or mother bought them to hold jewellery like earrings or tongue bars. The straw is simply a drinking utensil and you're rather dubious as to why police think it could be drug related.

Assuming there is absolutely no residue on any of these items.

Most of the time police wouldn't bother trying to charge you with this unless they caught you with drugs as well and if you plead not guilty it's very unlikely that they would bother paying to test for residue. But if there is any chance of there being residue it may be best to plead guilty because a judge would frown upon the waste of time and money if the police were forced to test it and it came up positive.

Oh and if you're going to plead not guilty you should apply for legal aid or use the duty lawyer. Duty lawyers can often be overwhelmed with the amount of people they must defend in such a short time so perhaps write up dot points to give to the duty lawyer as they can often forget some points you wanted to make and you may forget as well when you're being sentenced in front of everyone.

Always get a lawyer or use the duty lawyer that is on, even when pleading guilty. A lot of judges get extremely angry when you try to defend yourself.

Seriously no matter how incompetent the duty lawyer may be you will want to use him just in case your judge happens to be having a bad day.

I agree with the need for a lawyer no matter if the plea is guilty or innocent.