Dangerous drug trafficking is a crime in QLD that carries a maximum penalty of 25 years imprisonment. According section 5 of the Drugs Misuse Act 1986, this applies to any person unlawfully trafficking in a dangerous drug. The Penalties and Sentences Act 1992 outlines that an officer of the law should intervene if dangerous drugs are being trafficked and prohibit the offender from acquiring or possessing dangerous drugs. Offenders are required to appear under custody to a police station with any prohibited drugs unless the drugs have been lawfully disposed of prior.
What is Considered Drug Trafficking in QLD?
While trafficking typically implies the selling of dangerous drugs, common law has set a precedent that has broadened its current definition to ‘knowingly engaging in the movement of drugs from source to ultimate user.” In order for the court to establish guilt for this particular crime, there must be evidence of regular drug dealing that is sufficient enough to assume that it was conducted as business. However, a person can still be charged with drug trafficking in QLD even if they aren’t making a profit or only doing so to facilitate their own drug use.
Schedule 1 Drugs
In QLD, drugs are divided into two classes to allow for more appropriate penalties. Schedule 1 drugs carry the maximum 25 year sentencing. These drugs include:
- Heroine
- Cocaine
- Methylamphetamine
- Amphetamines
- Methlenedioxymethamphetamine (MDMA)
- Lysergic acid diethylamide (LSD)
Schedule 2 Drugs
Schedule 2 drugs carry less harsh penalties in QLD but are still considered dangerous and unlawful to deal to others. It’s important to note that prescription drugs are still considered dangerous if misused or taken by someone other than the person who was prescribed. These drugs include:
- Cannabis
- Codeine
- Opium
- Oxycodone
- Methadone
- Morphine
What You Should Do If You Get Charged With Drug Trafficking In QLD
The first thing you should do if you are charged with any serious crime is contact a lawyer or request legal aid at the police station. A professional lawyer will help you secure the best possible outcome for you and negotiate your sentencing, parole and appeal if you are found guilty. There are several defences applicable to drug trafficking charges that your lawyer can help you argue. These include:
- The drug is not a dangerous drug listed in any schedule under the Drugs Misuse Act;
- The offender believed that the substance was not a prohibited, dangerous drug;
- The offender was acting under duress;
- The offender was not able to understand the nature of their actions and therefore are not culpable of committing a criminal offence.
Contact Guest Lawyers For Questions Related to Drug Trafficking In QLD
Do you have a question related to drug trafficking in QLD? Brisbane’s finest team of criminal lawyers at Guest Lawyers are here to help. We provide both legal counsel and representation for all criminal law matters in Brisbane. If you or someone you know would benefit from the support of professional legal practitioners, simply get in touch or call our Brisbane office on 07 3211 3007.