Facing drug-related charges in Queensland is a serious matter. Whether you have been charged with a minor drug offence or a more serious allegation involving trafficking or production, the consequences can be significant — including fines, a criminal record, imprisonment, and long-term impacts on your employment and ability to travel overseas.
If you have been charged with a drug-related offence, seeking legal advice as early as possible is essential. At Skuse Graham Criminal Lawyers, our team has extensive experience representing people charged with drug offences across Queensland.
What does it mean to 'possess' a drug under Queensland law?
Whilst it may seem like a simple concept, the term “possession” can be quite complicated under Queensland law. The Queensland Criminal Code defines possession as:
“having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.”
In practical terms, this means that a person must have knowledge and control of the drug they are alleged to be possessing. Physical proximity alone is not necessarily sufficient, but knowledge and control do not require physical handling of the substance either.
The deeming provision
Queensland law contains what is known as a ‘deeming provision.’ Under section 129(1)(c) of the Drugs Misuse Act, all people classified as occupiers of a premises are deemed to be in possession of any dangerous drug found there.
This is a significant reversal of the usual burden of proof. Rather than the police needing to prove that an accused person had knowledge of the drug, an accused person must instead prove that they did not have knowledge, or should not reasonably have had knowledge, of the drug and its location.
Anyone found on or in control of a premises where illegal substances are discovered should seek urgent legal advice.
Types of drug offences in Queensland
Possessing a restricted drug
Under the Health (Drugs and Poisons) Regulation, it is an offence to possess a restricted drug. A restricted drug is one that can only lawfully be possessed with a valid medical prescription or script.
This is generally treated as a low-level or minor drug offence, dealt with in the Magistrates Court. The maximum penalty is a fine, and in many cases a first offence may be resolved without a conviction being recorded.
Possessing a dangerous drug
Dangerous drugs are classified under the Drugs Misuse Regulation and charged under the Drugs Misuse Act. There are numerous substances listed as dangerous drugs under the regulations, including cannabis, methamphetamine (commonly known as crystal meth or ice), cocaine, MDMA, and heroin, among many others.
Factors that may influence the penalties available to a sentencing court include:
- The defendant’s criminal history, particularly any prior drug-related convictions
- The type of drug and whether it is a Schedule 1 substance
- The total weight or quantity of the drug
- Whether the drug was for personal use or intended for supply
- Whether aggravating circumstances are present, such as possession near an educational institution or possession alongside items like pill presses or distillation heads
- Whether the accused knowingly supplied or intended to supply the substance to more than one person
Sentencing may range from a drug diversion program, fines, and probation through to terms of imprisonment in more serious cases.
Possessing drug utensils and related items
It is also a criminal offence in Queensland to possess a drug utensil or anything used in connection with the commission of a drug offence under the Drugs Misuse Act. This includes items such as clip seal bags, scales, pipes, and syringes. Failing to take reasonable care of a syringe or failing to properly dispose of a needle are also offences under Queensland law.
These charges frequently arise alongside possession charges and should not be underestimated. Even where a person has a lawful excuse for possessing an item, the circumstances will need to be carefully examined.
Possessing instructions or information
Possessing instructions for producing dangerous drugs or relevant substances is also an offence under the Drugs Misuse Act. This includes written or digital instructions related to the production or manufacture of prohibited drugs.
Supplying dangerous drugs
The courts in Queensland have interpreted the term “supply” broadly. It includes both giving or selling a drug to another person, and offering to supply a dangerous drug. Even a single sale or a single offer to supply can give rise to a serious charge. Supply offences carry several penalty options for a sentencing court. It is considered a serious drug offence, and depending on the circumstances and the defendant’s criminal history, imprisonment is a real possibility.
Aggravated supply
Aggravated supply offences can arise in a number of circumstances, including where the supply involves more than one person, where the supply occurs near a school or educational institution, or where the person charged was in a position of authority or trust in relation to the person supplied.
Producing and cultivating dangerous drugs
Producing illegal drugs — including producing relevant substances or growing cannabis plants — is a serious offence under Queensland law. Producing dangerous drugs carries a maximum penalty of 25 years imprisonment, though the actual sentence in any given case will depend on the scale of the operation, the drugs involved, and the defendant’s criminal history. Smaller operations may attract lesser penalties, but even minor production offences can result in a criminal record and a period of imprisonment.
Drug trafficking in Queensland
Trafficking is among the most serious drug offences under Queensland legislation. The prosecution must establish that the accused “carried on a business” of supplying dangerous drugs — meaning trafficking involves more than a single transaction. There must be evidence of a pattern of conduct that amounts to a commercial operation.
It must also be established that there was an element of commercial gain. Trafficking offences are not resolved based simply on the quantity of drugs; the nature and organisation of the conduct is central to the charge.
When being sentenced for trafficking in dangerous drugs, the starting point is a term of imprisonment. In the most serious cases, trafficking carries a maximum penalty of life imprisonment.
Drug driving offences
Drug-related offences in Queensland extend beyond possession and trafficking. Drug driving — operating a motor vehicle while under the influence of a drug, or while a relevant drug is present in a driver’s oral fluid, blood, or urine — is a separate category of offence dealt with under Queensland traffic laws.
People convicted of drug driving may face licence disqualification, fines, and in serious cases, imprisonment. If you have been charged with drug driving, our team can assist — visit our traffic law page for more information.
Penalties for drug offences in Queensland
The penalties for drug-related offences in Queensland vary significantly depending on the nature of the offence and the circumstances. As a general guide:
Offence | Court | Maximum Penalty |
Possessing a restricted drug | Magistrates Court | Fine |
Possessing a dangerous drug (personal use) | Magistrates Court | 15 years imprisonment (aggravated circumstances) |
Possessing drug utensils | Magistrates Court | Fine/imprisonment |
Supplying cannabis | Magistrates Court | Up to 15 years imprisonment |
Supplying methamphetamine/other drugs | District Court | Up to 25 years imprisonment |
Producing dangerous drugs | District/Supreme Court | Up to 25 years imprisonment |
Trafficking dangerous drugs | District/Supreme Court | Life imprisonment |
These figures represent maximum penalties — actual outcomes in individual cases will depend heavily on the specific facts, the drugs involved, the defendant’s criminal history, and the skill of their legal representation.
Long-term consequences of a drug conviction
Beyond the immediate penalties, people convicted of drug offences in Queensland may face significant long-term consequences, including:
Criminal record
A conviction for a drug offence will appear on a person’s criminal history and may be disclosed in employment background checks
Employment impacts
Certain professions, including those involving working with children, health care, or security, may be unavailable to people with drug convictions
Travel restrictions
Many countries, including the United States, Canada, and the United Kingdom, may deny entry to travellers with a drug-related criminal record
Licence impacts
Drug offences can in some circumstances affect professional licences or registrations
Housing
A criminal record can affect eligibility for certain types of accommodation or public housing
How Skuse Graham Criminal Lawyers can help
At Skuse Graham, we represent people charged with criminal and drug-related offences across Queensland, including in Toowoomba, Warwick, and Dalby. Our team understands Queensland’s criminal justice system and the Drugs Misuse Act in depth, and we are experienced in achieving the best possible outcomes for our clients — whether that means securing a diversion, negotiating charges, contesting the evidence, or presenting strong mitigating circumstances at sentencing.
If you or someone you know has been charged with a drug offence, do not wait. Contact our team as early as possible.
Frequently asked questions
What is the difference between a dangerous drug and a restricted drug in Queensland?
A restricted drug is one that can only lawfully be possessed with a valid medical prescription — for example, certain prescription medications. A dangerous drug is a substance classified under the Drugs Misuse Regulation, which includes illicit substances such as cannabis, methamphetamine, cocaine, and MDMA. Dangerous drug offences carry more serious penalties.
What is the Police Drug Diversion Program?
The Police Drug Diversion Program is an early intervention scheme that allows first-time offenders charged with minor possession offences to attend a drug education session rather than face prosecution. Eligibility depends on the type of offence, criminal history, and other factors. A criminal lawyer can advise you on whether you are likely to be eligible.
What happens if I am found with drugs on premises I occupy?
Under the deeming provision in the Drugs Misuse Act, occupiers of premises where drugs are found are deemed to possess those drugs. You will need to establish that you did not know, and could not reasonably have been expected to know, about the drugs. This can be a complex area of law and professional legal advice is essential.
Is drug trafficking the same as drug supply?
No. Supply involves giving, selling, or offering to supply a dangerous drug, and can arise from a single transaction. Trafficking requires proof that the accused carried on a business of supplying drugs — it involves an ongoing commercial operation. Trafficking is treated as a more serious offence and carries more severe penalties, up to life imprisonment.
What should I do if I have been charged with a drug offence in Queensland?
The most important step is to contact an experienced criminal lawyer as soon as possible. Do not participate in a police interview without first obtaining legal advice. The earlier you seek representation, the more options may be available to you.
Will a drug offence affect my ability to travel overseas?
Potentially, yes. Many countries have strict entry requirements relating to criminal histories, and a drug conviction — even a relatively minor one — may result in visa refusal or being denied entry at the border. This is one reason why obtaining experienced legal representation to minimise the prospect of a conviction being recorded is so important.