How to Defend a Drug Possession or Trafficking Charge in Queensland – What You Need to Know
If you have been charged with a drug offence in Queensland, the consequences can be severe. Whether the allegation involves possession of a small amount or serious trafficking charges, it is critical to get legal advice early. The early steps, such as whether you do a police interview or not, can affect the outcome.
What is Drug Possession or Drug Trafficking?
Drug possession involves having dangerous drugs in your custody or control. You do not need to physically hold the drugs. For example, it is enough if they are in your car, home, or bag, and you are aware of them. This is dealt with under section 9 of the Drugs Misuse Act 1986 (Qld).
Drug trafficking, under section 5 of the same Act, is a serious drug offence in Queensland and carries a maximum penalty of life imprisonment. It provides that a person who carries on the business of unlawfully trafficking in a dangerous drug commits a crime.
What Does ‘Carrying on the Business’ mean?
To prove drug trafficking, the prosecution must show that the accused was carrying on the business of unlawfully supplying drugs. This involves more than just a one-off transaction. It requires multiple dealings for profit over time.
The business does not need to be profitable. In Qld, this usually involves a pattern of activity as follows:
Promoting or offering drugs to potential buyers
Establishing sources of supply
Negotiating prices and payment arrangements
Taking and filling orders
Organising delivery locations and logistics
Trafficking can be proven based on text messages, surveillance, financial transactions, or even a single supply in some circumstances if the facts support a business-like operation.
Each case depends on its facts. Even informal or low-level activity may amount to carrying on a business if there is some structure or repetition.
Depending on the facts, our lawyers have in other cases negotiated charges of trafficking to be downgraded to ‘supply’, which carries a lesser penalty.
Penalties and Legal Consequences
The maximum penalty for drug offences depends on the type of drug, the amount involved, and the specific charge. Penalties can range from a maximum penalty of 15 years to life imprisonment. Minor drug charges can be dealt with in the Magistrates Court, and may result in drug diversion, fines, or probation. More serious matters will need to be committed to the District Court or Supreme Court.
In addition to imprisonment, a conviction can have serious long-term consequences, including difficulties with employment travel. It is critical to seek advice from an experienced criminal defence lawyer early.
Key Elements of the Offence
To prove possession, the prosecution must show that the accused had both knowledge of the drug and control over it. This means it is enough if you knew the drug was there and had the ability to access or manage it, even if you were not physically holding it at the time.
To prove trafficking, the prosecution must show:
That you carried on a business involving the unlawful supply of dangerous drugs, meaning there was an element of commerciality, repetition, or planning.
That the substance involved was a dangerous drug.
Strategies in Successfully Defending Drug Charges
There are several strategies that can be considered depending on the facts:
Challenge unlawful searches - If police conducted the search without a warrant or legal grounds, the evidence may be excluded.
The prosecution cannot prove that you had knowledge and control of the drugs.
Negotiate the charge - Sometimes the facts do not support trafficking. A lesser charge of possession or supply may be more appropriate.
Legal Process & Next Steps
Most drug charges start in the Magistrates Court. Serious charges like trafficking will be transferred to the District or Supreme Court.
Early legal advice is crucial. It allows time to review the brief of evidence, prepare submissions, negotiate with prosecutors, and gather material to support your defence or mitigation.
Speak to our Best Brisbane Criminal Lawyers
If you have been charged with a drug offence, it is critical to obtain strategic advice. Our criminal defence lawyers appear in courts across Queensland and have extensive experience in drug law matters. We can advise you on the strength of the case, potential outcomes, and the best strategy to achieve your best outcome.
Call us on (07) 3012 6531 for a free 15-minute consultation with an experienced criminal defence lawyer.
© 2025 All articles on our website are for general information only and do not constitute legal advice. If you are facing charges or need advice about your specific situation, our experienced criminal defence lawyers are available now.