Drug offences

Drug charges in Queensland carry consequences that outlast the sentence.

Fraser Lawyers acts in defence of possession, supply, and trafficking charges in the Magistrates and District Courts of Queensland.

Call (07) 5554 6116 Send a short enquiry

A drug charge is not simply a criminal matter. It can end a career, cancel a visa, close a professional licence, and follow a person for decades in ways the legislation never spells out in a single section.

Queensland drug offences are governed by the Drugs Misuse Act 1986 (Qld). The Act draws a careful distinction between Schedule 1 drugs, which the legislature treats as causing the most harm (heroin, cocaine, methylamphetamine, MDMA), and Schedule 2 drugs, which attract lower maximum penalties. That distinction drives the charge, the court it is heard in, and the likely sentencing range.

The difference between a possession charge and a trafficking charge is not always obvious from the facts. Quantity thresholds matter. Who the substance was for matters. The context of the search matters. So does whether any admissions were made, when, and how.

Diversion exists for some low-level possession matters. A conviction is not automatic. But neither does a favourable outcome follow simply from appearing in court. The decisions made before the first mention often determine what is available afterwards.

Drug driving is a separate matter, dealt with on the drug driving page. This page concerns drug offences proper under the Drugs Misuse Act 1986 (Qld).

Scope of work

What we help with

Fraser Lawyers acts in defence of drug offence matters, including:

Matter: What it usually involves
Possession of a dangerous drug: Schedule 1 and Schedule 2 substances under the Drugs Misuse Act 1986 (Qld) s 9
Supplying a dangerous drug: Including supply to a minor (aggravated supply) under s 6
Trafficking in dangerous drugs: Commercial and trafficable quantities under s 5; District Court jurisdiction
Producing a dangerous drug: Cultivation and manufacture offences under s 8
Possession of items used to administer: Pipes, needles, and related apparatus under s 10
Receiving or concealing proceeds of drug offences: Proceeds and money-laundering aspects under s 10A
Possession of suspected property: Where possession of property tends to show commission of a drug offence
Multiple-charge drug matters: Where possession, supply, and trafficking charges arise from the same investigation
Diversion-eligible possession matters: Low-level personal use possession where court diversion or s 12 non-conviction may apply
Bail applications for drug charges: Particularly for trafficking or commercial quantity matters where bail may be contested

The Schedule 1 / Schedule 2 distinction matters more than many people realise. A person charged with possessing a Schedule 1 substance faces a maximum of 25 years for supply and 15 years for possession. For Schedule 2, the maxima are lower but still serious. The court in which the matter is heard, and the range of sentencing options available, turn in part on which schedule applies.

Quantity thresholds determine whether a charge is possession, supply, or trafficking. They are not always intuitive, and the prosecution’s characterisation of the quantity is not always the only available view of the evidence.

Process

What happens after you are charged.

Queensland drug offences have defined elements. For a charge of possession under s 9 of the Drugs Misuse Act 1986 (Qld), the prosecution must prove that the accused had the substance in their possession and that they knew, or ought reasonably to have known, it was a dangerous drug. Possession can be physical or constructive; the question is whether there was knowledge of, and control over, the substance.

For supply under s 6, the prosecution must prove the supply was of a dangerous drug. Supply has a broad definition: it includes giving, distributing, agreeing to supply, offering to supply, and keeping or concealing a substance for the purpose of supply. Sharing is supply.

For trafficking under s 5, the prosecution must prove carrying on a business of supply. Commercial quantity thresholds trigger the trafficking charge. For methylamphetamine, the trafficable quantity is 2 grams; the commercial quantity is 500 grams. Quantities in between may be charged as supply or trafficking depending on the surrounding circumstances.

A number of defences and considerations can be relevant:

Identity of the substance: Was it actually a dangerous drug? Analyst certificates are not always beyond challenge.
Knowledge: Did the accused know the substance was there? Was it in a shared space or vehicle?
Admissibility of evidence: Were police powers of search exercised lawfully? Were any admissions made voluntarily and in compliance with the requirements of the Police Powers and Responsibilities Act 2000 (Qld)?
Quantity characterisation: Does the quantity and surrounding evidence genuinely support a trafficking charge, or does it better support supply or possession?

These are questions of law and fact. They are worth examining before a plea is entered.

Police powers

How the evidence was gathered.

Many drug prosecutions begin with a search. The lawfulness of that search affects the admissibility of the evidence found.

Police in Queensland have power under the Police Powers and Responsibilities Act 2000 (Qld) to search a person or vehicle without a warrant in certain circumstances: reasonable suspicion of possession, detection by a drug dog, or the person being at or near a relevant event. The question is always whether the power was properly exercised.

Where a search is unlawful, evidence obtained from it is not automatically excluded. Queensland courts apply a discretionary exclusion framework, weighing the seriousness of the impropriety, the good faith of the police, and the significance of the evidence to the prosecution case. An unlawful search does not guarantee exclusion, but it creates an argument that is properly run.

Admissions also require examination. Under s 437 of the Police Powers and Responsibilities Act 2000 (Qld), admissions made during questioning are affected by whether proper caution was administered, whether the right to legal representation was communicated, and whether any questioning occurred during a period of unlawful custody. Admissions that were not made voluntarily, or that were obtained in breach of the Act, may be the subject of a challenge at a voir dire.

Sentencing

Whether a conviction is recorded.

For some drug offences, the most important question is not the length of a sentence. It is whether a conviction is recorded at all.

Under s 12 of the Penalties and Sentences Act 1992 (Qld), a court has discretion not to record a conviction even where a person is found guilty. Whether that discretion is exercised depends on the nature and seriousness of the offence, the person’s character and background, the impact a conviction would have, and the circumstances of the commission of the offence.

For a first-time possession matter, a non-conviction order is sometimes available, particularly where the person has no criminal history, the quantity was consistent with personal use, and there is good subjective material before the court. Diversion schemes administered through the court system may also redirect low-level possession matters away from a conviction entirely.

The employment, licensing, and travel consequences of a drug conviction can exceed the immediate penalty. A conviction for possession of a Schedule 1 substance will appear on a criminal history check and may affect professional registrations, working with children clearances, and visa eligibility. That context is relevant to the question of whether a non-conviction order or diversion is properly pursued.

Time matters

Deadlines and risks.

Drug charges in Queensland do not leave much time for inaction.

After arrest or charge, a first court date is typically within days to weeks. Bail conditions, if imposed, take immediate effect. Where police have seized property or currency under proceeds of crime provisions, those restraints may operate independently of the criminal charge.

The decision of whether to plead guilty, seek an adjournment, apply for diversion, or contest the charge needs to be made with a full understanding of the evidence. Prosecution materials are disclosed after charge, but not always comprehensively at the first mention. Requesting full disclosure early gives more time to assess the strength of the prosecution case.

For trafficking matters, the consequences of a conviction include mandatory consideration of serious violent offence provisions and their effect on parole eligibility. For matters involving commercial quantities, the court is required to give general deterrence significant weight. Subjective material assembled early can make a difference to how much weight rehabilitation receives.

What we do

How Fraser Lawyers acts in these matters.

Fraser Lawyers acts in defence of drug charges in the Magistrates and District Courts of Queensland. Blake Fraser reviews the charge, the disclosure, and the circumstances of the search and any admissions before advising on the available options.

Where the evidence should be challenged, that challenge is properly prepared and run. Where a plea of guilty is the appropriate course, the sentencing submission is prepared with the relevant subjective material, the s 12 non-conviction question properly addressed, and the sentencing range identified from comparable cases.

Where diversion is available and appropriate, Fraser Lawyers assists with the application. Where bail has been refused or is contested, a bail application is prepared and presented.

We do not make extravagant promises about outcomes. No competent lawyer should.

Practical

Documents to bring.

Notice to appear or police complaint The document given to you at the time of charge
Bail undertaking If bail was granted, the conditions of the undertaking
QP9 (police summary of facts) If you have received it; often provided at first mention
Record of interview or notes Any written or recorded statement made to police
Search warrant or receipt for seized items If police provided these at the time of search
Previous criminal history If known; the court will have its own record
Employment records or letters from employer Relevant to sentencing and non-conviction applications
Character references From people who can speak to your conduct and circumstances
Any medical or health documentation Relevant where substance dependency or mental health is part of the circumstances
Details of any co-accused Names, relationship, and whether they are separately charged

Pathway

The likely path.

Step 1 — Initial advice and charge review.

The first step is understanding exactly what has been charged and why. Fraser Lawyers reviews the charge, the relevant schedule and quantity, the circumstances of the search, and any admissions made. At this stage, the question of whether to apply for bail, seek an adjournment, or make early enquiries about diversion is addressed.

Step 2 — Disclosure and evidence assessment.

The prosecution is required to disclose the material on which it relies. That includes analyst certificates confirming the identity of the substance, the record of interview, any search warrant, and the QP9 (summary of facts). Fraser Lawyers reviews that material and identifies whether there are grounds to challenge the evidence or the lawfulness of its collection.

Step 3 — Plea decision.

With the evidence in hand, the appropriate plea can be assessed. This is not always straightforward. In some matters, contesting the charge is the right course. In others, a guilty plea entered at an early stage attracts a discount under the Penalties and Sentences Act 1992 (Qld) s 13A, which can be significant. The decision is yours; the advice is plain.

Step 4 — Sentencing preparation or contest preparation.

If the matter proceeds to sentence, subjective material is assembled: character references, employment evidence, medical documentation where relevant, and a submission addressed to the sentencing purposes in s 9 of the Penalties and Sentences Act 1992 (Qld). The question of whether a conviction should be recorded under s 12 is addressed where applicable.

If the matter proceeds to contest, the issues identified in the evidence review are put on as grounds. Voir dire applications to exclude evidence are prepared and argued as required.

Step 5 — Court appearance and outcome.

Fraser Lawyers appears in court and presents the matter. For trafficking and other District Court matters, appearances before a judge on a contested basis require additional preparation and, in some cases, counsel briefed to appear. That process is managed as part of the matter.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

What is the difference between possession and supply?

Possession under s 9 of the Drugs Misuse Act 1986 (Qld) requires the prosecution to prove knowledge and control of the substance. Supply under s 6 covers giving, distributing, offering, and keeping a drug for the purpose of supply. “Sharing” a drug with another person is legally supply. The distinction matters because the maximum penalties differ significantly: supply of a Schedule 1 drug carries a maximum of 25 years; possession carries 15 years.

What quantity triggers a trafficking charge?

Trafficking under s 5 of the Drugs Misuse Act 1986 (Qld) involves carrying on a business of supply. Commercial quantity thresholds in the Schedule to the Act define when a charge is likely to be framed as trafficking rather than supply. For methylamphetamine, the trafficable quantity is 2 grams and the commercial quantity is 500 grams. For cannabis, the trafficable quantity is 500 grams. The prosecution must still prove the carrying on of a business, not merely possession of a threshold quantity.

Can I be diverted rather than convicted?

For some low-level possession matters involving personal use quantities, diversion through the Drug and Alcohol Assessment Referral scheme or a court-based diversion program may be available. Eligibility depends on the charge, the substance, the quantity, and the person’s criminal history. Where diversion is not available, a plea of guilty with strong subjective material may support an application under s 12 of the Penalties and Sentences Act 1992 (Qld) for the court to deal with the matter without recording a conviction.

Can evidence from an unlawful search be excluded?

Queensland courts have a discretion to exclude evidence obtained through unlawful police conduct, applying the principles from Bunning v Cross (1978) 141 CLR 54. The court weighs the seriousness of the impropriety, the extent to which it was deliberate or reckless, and the significance of the evidence to the prosecution. An unlawful search does not guarantee exclusion, but it is a proper ground of challenge and is worth examining carefully before a plea is entered.

Does a drug conviction affect my visa or professional licence?

A recorded conviction for a drug offence can have consequences beyond the immediate penalty. Under Commonwealth migration law, drug convictions may affect visa eligibility and character assessments. In Queensland, professional licensing bodies (including those governing teachers, nurses, and security workers) conduct criminal history checks. A non-conviction order under s 12 of the Penalties and Sentences Act 1992 (Qld) mitigates but does not always eliminate these consequences, and the interaction with specific licensing regimes should be examined as part of the sentencing strategy.

What is drug driving and is it different from a drug offence?

Drug driving is a separate category of offence under the Transport Operations (Road Use Management) Act 1995 (Qld). It concerns driving while a prescribed drug is present in a person’s system, detected through saliva or blood testing. Drug driving is dealt with on the drug driving page and is distinct from drug possession, supply, or trafficking offences under the Drugs Misuse Act 1986 (Qld). A person can face both categories of charge from the same incident.

Talk to Fraser Lawyers about your drug charge.

A short enquiry is usually enough to identify what the charge involves, what the options are, and what the next step looks like. Fraser Lawyers is based at 86 Bundall Road, Bundall, and acts for clients across the Gold Coast and South East Queensland.