DRUG OFFENCES
If you are facing a criminal investigation or you have been charged with an offence, obtaining clear, practical advice from an experienced criminal and regulatory lawyer is essential.
Getting KDC Legal involved early will ensure the best possible outcome and in some cases can prevent matters proceeding to Court.
KDC Legal offers a free initial strategy consultation to allow us to understand your matter, provide you with initial guidance and help you understand how we can assist you through the matter
Drug Offences in Queensland
Understanding drug possession, supply, trafficking, and related offences under the Drugs Misuse Act 1986 (DMA) and Criminal Code Act 1899.
Drug offences are among the most heavily prosecuted criminal matters in Queensland. They range from low‑level possession through to large‑scale trafficking and production. The law distinguishes between dangerous drugs, restricted substances, and precursor chemicals, with penalties increasing significantly depending on the type of drug, quantity, and alleged purpose.
The primary legislation governing drug offences in Queensland is the Drugs Misuse Act 1986, supported by certain provisions of the Criminal Code Act 1899.
The most common drug offences include:
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Possession of dangerous drugs (s 9 DMA)
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Supplying dangerous drugs (s 6 DMA)
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Producing dangerous drugs (s 8 DMA)
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Trafficking in dangerous drugs (s 5 DMA)
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Possession of drug utensils or pipes (s 10 DMA)
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Possession of things used in drug offences (s 10A DMA)
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Possession of restricted drugs (s 57 HESA)
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Drug driving offences (Transport Operations (Road Use Management) Act)
Understanding the elements and penalties of each offence is essential if you are charged or under investigation.
What Is a “Dangerous Drug” in Queensland?
The Drugs Misuse Regulation 1987 (Qld) prescribes drugs that are dangerous and classifies dangerous drugs into Schedules, including:
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Schedule 1 drugs (e.g., methylamphetamine, heroin, cocaine, MDMA)
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Schedule 2 drugs (e.g., cannabis, codeine, diazepam, steroids)
Penalties are significantly higher for Schedule 1 drugs and for larger quantities (e.g., “schedule quantities,” “commercial quantities”).
Possession of Dangerous Drugs (s 9 DMA)
A person is in possession of a dangerous drug if they:
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Have physical custody, or
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Have control over the drug, even if it is not on their person.
Possession can be:
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Actual possession — drug found on the person
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Constructive possession — drug found in a place the person controls
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Joint possession — shared control with another person
Examples of Possession of Dangerous Drugs
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Drugs found in a pocket, bag, car, or bedroom
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Drugs located in a shared house where control can be inferred
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Cannabis plants growing on a property
Maximum Penalties
Penalties depend on the drug and quantity:
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15 years imprisonment — Schedule 1 drugs
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20 years imprisonment — if quantity is “schedule” or “commercial”
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15 years imprisonment — cannabis (large quantities)
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3 years imprisonment — minor cannabis possession
Common Defences
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Lack of knowledge
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Lack of control
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Identity issues
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Unlawful search
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Honest claim of right (rare)
Supplying Dangerous Drugs (s 6 DMA)
A person supplies a dangerous drug if they:
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Give, sell, distribute, deliver, or offer to supply a drug
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Provide a drug to another person, even without payment
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doing or offering to do any act preparatory to, in furtherance of, or for the purpose of a supply
“Supply” includes social supply, such as giving a pill to a friend.
Examples of Supplying Dangerous Drugs
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Selling drugs
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Sharing drugs at a party
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Offering to obtain drugs for someone
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Sending drugs via mail or courier
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Sending messages to another person requesting drugs
Maximum Penalies
Penalties depend on the drug, quantity, and circumstances:
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20 years imprisonment — Schedule 1 drugs
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25 years imprisonment — if supplied to a minor, in an educational institution, or in a public place
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15 years imprisonment — Schedule 2 drugs
Common Defences
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Mistaken identity
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No actual supply or offer
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Entrapment‑style issues (rare)
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Lack of knowledge
Producing Dangerous Drugs (s 8 DMA)
Producing includes:
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Growing, cultivating, or harvesting plants
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Manufacturing or preparing drugs
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Packaging or extracting substances
Examples of Producing Dangerous Drugs
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Growing cannabis plants
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Operating a clandestine laboratory
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Extracting oil or resin from cannabis
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Mixing precursor chemicals
Maximum Penalties
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25 years imprisonment — Schedule 1 drugs
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20 years imprisonment — Schedule 2 drugs
Higher penalties apply for large‑scale or commercial production
Trafficking in Dangerous Drugs (s 5 DMA)
Trafficking involves carrying on a business of supplying dangerous drugs. It is one of the most serious drug offences in Queensland.
The prosecution must prove:
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A business‑like activity,
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Repetition, continuity, or commerciality,
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Involving dangerous drugs.
Examples of Trafficking Dangerous Drugs
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Regularly selling drugs for profit
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Operating a distribution network
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Supplying multiple customers over time
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Using runners or couriers
Maximum Penalties
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25 years imprisonment — Schedule 1 drugs
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20 years imprisonment — Schedule 2 drugs
Trafficking almost always results in actual imprisonment.
Possession of Drug Utensils (s 10 DMA)
This offence covers possession of items used to consume drugs, such as:
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Pipes
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Bongs
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Syringes
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Vapourisers
Maximum Penalty
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2 years imprisonment
Possession of Things Used in Drug Offences (s 10A DMA)
Covers possession of items used to produce, package, or distribute drugs, such as:
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Scales
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Clip‑seal bags
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Hydroponic equipment
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Precursor chemicals
Maximum Penalty
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15 years imprisonment (depending on the item and drug type)
Police Interviews, Searches & Your Rights
Drug investigations often involve:
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Search warrants
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Phone downloads
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Surveillance
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Undercover operations
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Forensic testing
You have the right to:
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Silence
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Legal advice before speaking to police
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Representation during interviews
Early advice is critical, especially where police allege trafficking, supply, or production.
Sentencing for Drug Offences in Queensland
Courts consider:
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The type and quantity of drug
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Whether the conduct was commercial
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The offender’s role (user, courier, organiser)
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Criminal history
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Rehabilitation efforts
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Early pleas and cooperation
Outcomes can include:
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No conviction recorded
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Fines
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Probation
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Community service
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Intensive corrections orders
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Suspended sentences
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Actual imprisonment
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