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Drug Offence Lawyers Queensland
What are drug offences in Queensland?
Drug offences in Queensland are governed by the Drugs Misuse Act 1986 (Qld).
This legislation sets out a wide range of offences. These relate to the possession, supply, trafficking, production and importation of illegal or dangerous drugs.
Offences can range from minor drugs charges (such as possession for personal use) to extremely serious ones (such as trafficking or large-scale production).
Call us if you're facing a drug offence charge
At Osborne Butler Lawyers, we’re experienced in defending all types of drug offences across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Use the form to ask us anything. We’ll respond in 24 hours.
Common drug offences in Qld
Below are some of the most common drug offences people are charged with in Queensland.
- Possession: having drugs on you, in your property or in your vehicle
- Supply: giving or selling drugs to another person
- Trafficking: commercially dealing in drugs
- Production: manufacturing, growing or preparing drugs
- Importation/exportation: bringing drugs into or out of Australia.
What is the difference between Schedule 1 vs Schedule 2 drugs?
Drugs are categorised into two schedules under the Drugs Misuse Act:
- Schedule 1: More serious drugs like heroin, cocaine, methamphetamine, LSD and MDMA
- Schedule 2: Less serious (but still illegal) drugs like cannabis, codeine and diazepam.
Crimes involving Schedule 1 substances generally attract more severe penalties.
Drug possession: What the law says
What constitutes possession under Qld law?
Possession is one of the most common drug charges in Queensland. But to prove it, police must show you had both knowledge and control of the drug.
You don’t need to be caught with drugs in your pocket to be charged with possession. Having drugs in your car, home or bag can also be enough.
Key elements of drugs possession in Queensland
For a charge of possession to be made out, police have to prove two things in court:
- Knowledge: you knew the drugs were there
- Control: you had access to and control over them
If they can’t prove both of these elements beyond reasonable doubt, you won’t be convicted of possession.
Possession of small vs large quantities of drugs
The law in Queensland doesn’t just distinguish between types of drugs, but also the amount of drugs involved. This falls into two categories:
- Personal use: which involves a smaller amount of drugs and is usually treated less seriously
- Indicative of supply: which involves larger quantities that suggest intent to distribute, even if you didn’t sell them.
Offences involving personal use tend to attract less severe penalties.
Serious drug offences: Supply, trafficking and production
More serious drug offences carry harsher penalties and often involve police surveillance, search warrants or undercover operations.
Supplying dangerous drugs
You don’t need to sell drugs to be charged with supply. Even giving drugs to a friend is a criminal offence under Queensland law.
Drug trafficking (commercial-level distribution)
This involves commercially dealing in illegal drugs. In other words, this is buying, selling or transporting drugs as part of a business operation.
Drug trafficking is considered one of the most serious offences under Queensland law and attracts harsh penalties.
Drug production
Producing drugs includes:
- Growing cannabis
- Cooking meth
- Manufacturing pills or chemical substances
It also includes possessing equipment or materials for drug production. Again, this is treated as a serious offence under Queensland law and can lead to a long prison sentence.
Aggravating factors
More severe penalties apply under Queensland law where the offence:
- involves children or schools
- is part of organised crime
- occurs on multiple occasions or at a commercial scale.
Penalties for drug offences in Queensland
Drug offences are treated seriously by Queensland courts. However, the penalty they impose will usually vary based on the type and seriousness of the offence.
Maximum penalties for drug offences in Qld
The maximum penalties for drug offences under Queensland law are:
- Possession: up to 25 years’ imprisonment (for Schedule 1 drugs like heroin and cocaine in commercial quantities)
- Trafficking: up to life imprisonment for trafficking a dangerous drug
- Production: up to 25 years for producing dangerous drugs
- Supply: up to life imprisonment (for serious Schedule 1 offences).
However, the exact sentence will depend on factors such as:
- The type and quantity of drug involved
- Whether it’s a first offence
- Your level of cooperation with police, and
- Whether you played a minor or major role in the crime.
What to do if you’re charged with a drug offence
If you’ve been charged with a drug offence, the most important step is to get legal advice as soon as possible.
An experienced criminal defence lawyer can help you understand your rights, assess the evidence and explore your defence options.
Common defence strategies include:
- Lack of knowledge: you didn’t know the drugs were present
- Unlawful search or seizure: police acted outside their legal powers
- Disputing quantity or intent: especially when supply or trafficking is alleged.
In many cases, getting legal representation can lead to reduced charges, diversion programs or even having the charges against you dropped.
When should you contact a criminal defence lawyer?
As soon as possible.
You should speak to a criminal defence lawyer if:
- You are arrested or questioned by police
- You are found with drugs in your possession, or
- A search warrant is executed at your home, car or workplace.
Early legal representation can help protect your rights, improve your bail prospects and influence how charges will be laid or negotiated.
Call us if you're facing a drug charge
At Osborne Butler Lawyers, we understand how stressful and confusing a drug charge can be. We’ve helped hundreds of Queensland clients navigate the legal system, and we’ll work hard to protect your future.
Whether you’re facing a simple possession charge or a serious trafficking allegation, we’re here to help.
Use the form below to get in touch. We’ll respond within 24 hours.
How We Can Help You
40+ Years Combined Experience
When you engage Osborne Butler, your matter will be handled by experienced lawyers who will be by side every step of the way.
Available 24/7
The earlier you have a lawyer on your side, the better chance you have of achieving a favourable outcome.
We Fight For Your Future
Our promise goes beyond words. We're in your corner, championing your rights and fighting fiercely for your future.
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We offer our clients the option of a fixed price for our services ensuring transparency and no surprises.
Our Commitment To You
We treat our clients with empathy and respect. We’re dedicated to breaking down legal jargon and the complexities of the criminal justice process.
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You can be assured of our strict confidentiality and sensitivity policy no matter how big or small the charge.
Charged with a drug offence in Queensland? Contact Osborne Butler Lawyers today for expert legal advice and experienced defence representation.
Need a Criminal Defence Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
