Drug Trafficking Charges in Queensland: What You Need to Know
Our office regularly receives enquiries from individuals who have been charged with, or are under investigation for, drug trafficking offences in Queensland.
This article provides a high-level overview of:
- The offence of drug trafficking in Queensland;
- What constitutes a “dangerous drug”;
- How the police prove drug trafficking;
- Which courts deal with these matters;
- Common forms of evidence; and
- The potential penalties upon conviction.
Note: This article applies specifically to Queensland law and does not cover Commonwealth offences such as trafficking controlled drugs under federal legislation.
What Is a Dangerous Drug?
“Dangerous drugs” are listed in Schedules 1 and 2 of Queensland’s Drugs Misuse Regulation 1987. Below are examples of commonly encountered drugs in each schedule:
Schedule 1 drugs include:
- Methylamphetamine
- Cocaine
- Heroin
- MDMA
- LSD (Lysergide)
- Amphetamine
- PMA / PMMA
- Phencyclidine (PCP)
- Anabolic steroids
Schedule 2 drugs include:
- Cannabis
- Diazepam
- Fentanyl
- GHB (gamma-hydroxybutyrate)
⚠️ This is not a complete list. For a full breakdown, consult the Drugs Misuse Act and its associated regulations.
How Is Drug Trafficking Proven?
The offence of drug trafficking in Queensland is established when there is ongoing conduct involving the movement of dangerous drugs from supplier to end user.
To secure a conviction, the prosecution must show a regularity of dealing, not just one or two occurrences.
What Does “Carrying on a Business” Mean?
The concept goes beyond occasional sales. It refers to sustained, commercial activity with some degree of organisation or system.
While even a single sale might qualify in certain circumstances, the more common scenario involves:
- Multiple transactions;
- Conduct over a period of time;
- A pattern or system of distribution;
- Evidence of gain or reward (though not necessarily profit).
Profit is not essential. For example, sourcing drugs for personal use as part of a broader trafficking operation may still amount to carrying on a business.
Which Court Deals With Drug Trafficking?
Trafficking in dangerous drugs is a strictly indictable offence, meaning it must be finalised in a higher court:
- Schedule 1 drug trafficking matters are heard in the Supreme Court.
- Schedule 2 drug trafficking matters are heard in the District Court.
Before the case proceeds, the police must prepare a full brief of evidence outlining the facts, witness statements, and other material supporting the charge.
What Evidence Is Commonly Used?
Along with standard investigative techniques like speaking with witnesses or conducting interviews, police may use covert investigative methods, including:
- Telephone intercepts;
- Listening devices in homes or vehicles;
- Physical surveillance;
- Monitoring of encrypted or private communications.
These tools are often used early in an investigation and can play a significant role in building a trafficking case.
Will a Conviction Lead to Jail?
It is impossible to provide a definitive answer as to whether a convicted drug trafficker will be sent to jail. Like many cases, the punishment relies upon many factors. Sentencing outcomes depend on a range of factors, including:
- The type and quantity of drugs;
- The nature and scale of the operation;
- The duration of the activity;
- Whether the conduct was for commercial gain;
- The person’s criminal history.
The maximum penalties under Queensland law are:
- 25 years imprisonment for trafficking in a Schedule 1 drug;
- 20 years imprisonment for trafficking in a Schedule 2 drug.
In many cases, a custodial sentence is imposed, especially where the trafficking involved commercial quantities or had broader community impact.
When to Seek Legal Advice
If you suspect you are under investigation or have been charged, seek legal advice immediately.
Early legal intervention can:
- Protect your rights during investigation;
- Open communication with police on your behalf;
- Clarify the status of the investigation;
- Help avoid critical mistakes early in the process.
Our team frequently assists clients in drug trafficking matters, including pre-charge legal support.
Contact Us
If you or someone you know is faces drug-trafficking allegations or suspects an investigation, contact our experienced criminal defence team today.
📍 Gold Coast Office: (07) 5532 3133
📍 Brisbane Office: (07) 3221 4999