(1) A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.

Penalty: Maximum penalty—

(a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (a) —life imprisonment; or

(b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —25 years imprisonment; or

(c) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and paragraphs (a) and (b) do not apply—20 years imprisonment; or

(d) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (a) —25 years imprisonment; or

(e) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the offence is one of aggravated supply under subsection (2) (aa) , (b) , (c) , (d) or (e) —20 years imprisonment; or

(f) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and paragraphs (d) and (e) do not apply—15 years imprisonment.

(2) For the purposes of this section, an offence is one of aggravated supply if the offender is an adult and—

(a) the person to whom the thing is supplied is a minor under 16 years; or

(aa) the person to whom the thing is supplied is a minor who is 16 years or more; or

(b) the person to whom the thing is supplied is an intellectually impaired person; or

(c) the person to whom the thing is supplied is within an educational institution; or

(d) the person to whom the thing is supplied is within a correctional facility; or

(e) the person to whom the thing is supplied does not know he or she is being supplied with the thing.

(3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.

(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

Reference: Austlii

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