• 0

Hiring a specialist criminal lawyer to guide you through drug charge proceedings will greatly increase your chances of receiving a less severe penalty.

Our Brisbane drug lawyers act for all persons charged with drug offences.

Our Brisbane drug lawyers act for all persons charged with drug offences. Queensland has very specific legislation regarding drug offences, which can often be quite confusing. Moreover, penalties for drug offences can reach up to 25 years in prison, so it is very important to seek legal advice.

We act for all persons charged with any of the following drug offences;

  • Possession of illegal drugs
  • Supplying or trafficking illegal drugs
  • Cultivating or producing illegal drugs
  • Publishing or possessing a recipe for the production of a dangerous drug
  • Possession of drug paraphernalia (items used to produce or take drugs)
  • Permitting a place to be used for a drug offense
  • Any involvement with a drug laboratory
  • Drug driving

More information on the specifics of each of these offences can be found through the Queensland Government here.

The penalties for the offences listed above depends on the amount and type of drug involved. In Queensland, illegal drugs are divided into three categories. Schedule 1 Part 1 drugs carry the most severe penalties, and include drugs such as heroin, cocaine and amphetamine. Recently, legislators added “Part 2” to Schedule 1 to include all anabolic and androgenic steroidal agents. Schedule 2 drugs include but are not limited to cannabis, morphine and pethidine.

Hiring a specialist criminal lawyer to guide you through drug charge proceedings will greatly increase your chances of receiving a less severe penalty. Your drug lawyer may even be able to avoid prison time or fines in place of you attending a Police Drug Diversion Program.

Guest Lawyers offer initial consultations (including in prisons) to assist with a number of assault charges. We act for all persons required to appear before the Magistrates and Supreme Court. We also conduct appeals in the Court of Appeal and High Court.

Our team of Brisbane criminal lawyers are licensed to practice across Australia and often travel to other states and territories to do so. Please get in touch with our lawyers either via Guest Lawyers’ email or by calling (07) 3211 3007.

 

 

Drug Offences FAQs

Contact Us
What are the common types of drug offences in Qld?

Under the Drugs Misuse Act 1986 (Qld), common offences include possession, supply, production and trafficking.

  • Possession generally means having a dangerous drug in your custody or control.
  • Supply can include giving, selling, distributing, administering or transporting a dangerous drug.
  • Production may involve growing, preparing or manufacturing drugs.
  • Trafficking is more serious and involves carrying on a business of unlawfully dealing in dangerous drugs.

Other common charges include possessing property or “things” used in connection with drug offences, such as pipes, scales, clip-seal bags, utensils or other equipment.

Will a drug charge show up on my criminal record forever?

A drug charge can appear on your criminal history if you are convicted. Whether it continues to appear, and whether you need to disclose it in the future, will depend on the offence, the penalty imposed, and whether the conviction becomes spent.

In Queensland, some convictions become “spent” after a set rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld). This generally means you do not have to disclose the conviction in many circumstances once the relevant period has passed.

As a general guide, the rehabilitation period is usually:

  • 10 years for adult convictions for more serious indictable offences; and
  • 5 years for simple offences and juvenile convictions.

However, not all convictions become spent, and some roles, licences or checks may still require disclosure. If you are facing a drug charge, it is important to get legal advice about whether a conviction is likely to be recorded and how it could affect your work, travel, study or future opportunities.

Do I have a defence if the drugs aren’t mine?

It may be a defence if you did not know the drugs were there or did not have control over them.

This most commonly arises in situations like drugs being found in a shared car, a house with multiple occupants, or a bag belonging to someone else. In those circumstances, the prosecution needs to establish that the drugs were yours — or at least that you knew about them and had some degree of control over them. That is not always easy to prove, particularly where multiple people had access to the same space.

For a drug possession charge under the Drugs Misuse Act 1986 (Qld), the prosecution must prove you knowingly had possession or control of the drugs. Our Brisbane drug lawyers can assist by assessing the evidence and challenging the prosecution’s ability to prove your knowledge or control beyond a reasonable doubt.

What are the charges for drug possession?

In Queensland, drug possession is a serious offence under the Drugs Misuse Act. Penalties are determined by the type of drug, the quantity found, and the offender’s history.

Drugs are split into two schedules:

  • Schedule 1 covers higher risk substances such as methylamphetamine, cocaine, heroin, and MDMA — and carries a maximum penalty of 25 years imprisonment.
  • Schedule 2 covers lower risk substances such as cannabis — and carries a maximum penalty of 15 years imprisonment.

In March 2026, a new framework was introduced, shifting from a three-strike system to a one-strike system and reducing the number of chances an offender receives before facing court. For example, if found in possession of a small quantity of cannabis, the offender will be offered a single diversion opportunity only.

Navigating Queensland’s drug lawyers requires legal expertise. Our Brisbane drug lawyers act for all persons charged with drug offences. You can also learn more about Queensland’s Cannabis Laws, including the possession and production.

What should I do if the police want to search me or my car in Queensland?

Being stopped and searched by police is a stressful experience, but knowing your rights can make a significant difference.

In Queensland, police have the power to search a person or vehicle without a warrant in certain circumstances — for example, if they have a reasonable suspicion that you are carrying dangerous drugs or weapons.

You are generally required to comply with a lawful search, but there are important things to keep in mind:

  • You can ask police why they want to conduct the search and whether they have a warrant or other legal power to do so.
  • You have the right to remain silent. You are required to provide your name and address, but beyond that you are not obliged to answer questions or explain what the police find. Anything you say can be used against you, and exercising your right to silence is not an admission of guilt.
  • Do not physically resist a search. Even if you believe the search is unlawful, resisting can lead to additional charges. The time to challenge an unlawful search is in court, not on the street.

If drugs or drug-related items are found during a search, our Brisbane drug lawyers can assess whether police acted lawfully, whether the evidence can be challenged, and what options may be available.

What constitutes ‘supplying’ of dangerous drugs in Queensland?

The definition of supply under the Drugs Misuse Act 1986 (Qld) is intentionally broad.

Under section 4 of the Act, supply includes to:

  • Give
  • Distribute
  • Sell
  • Administer
  • Transport
  • Supply or offer to supply
  • Agree to supply
  • Have in possession for the purpose of supply

That last point is important. It means the drugs don’t need to have changed hands to be charged with supply. If police believe you had drugs in your possession with the intention of supplying them to others, that can be enough. Sharing drugs with another person, passing drugs to a friend, arranging for someone else to receive drugs, or helping transport drugs may still be treated as supply, depending on the evidence.

Supply charges carry maximum penalties of up to 25 years imprisonment for Schedule 1 drugs. If you have been charged with supply, an experienced Brisbane drug lawyer can assess the evidence and advise on what options are available.

I’ve been charged with drug trafficking. How can a lawyer help me?

Drug trafficking is one of the most serious charges in Queensland, carrying a maximum penalty of 25 years imprisonment.

The key element the prosecution must prove is that you were “carrying on a business” of drug supply, not simply that you possessed or supplied drugs on one occasion. Establishing this business element is not always straightforward, and it is one of the most important areas where a Brisbane drug lawyer can make a real difference.

A lawyer can assess whether the evidence actually supports a trafficking charge or whether the facts are more consistent with a supply offence, challenge the prosecution’s case, protect your rights during police questioning, and negotiate with the prosecution where there is an opportunity to have charges reduced.

Trafficking charges often involve significant police investigation, surveillance, phone intercepts, and financial evidence. Having experienced legal representation from the earliest possible stage (including before you speak to police) gives you the best chance of understanding your position and achieving the best possible outcome.

Related Services

  • Domestic Violence

    Our domestic violence lawyers act for all persons charged with domestic violence offences.

    View More
  • Murder and Manslaughter Charges

    Our criminal lawyers have extensive experience defending those charged with murder, attempted murder and manslaughter.

    View More
  • Sex Offences

    Our criminal lawyers act for all persons charge with sex offences.

    View More
  • Assault Offences and Violent Crime

    Guest Lawyers act for all persons charged with assault offences.

    View More