Facing drug trafficking charges in Qld?
When your job, reputation, and future are at risk, urgent advice from our best drug trafficking lawyers is critical.
Early steps affect the outcome.
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Choosing the best drug trafficking lawyer in Qld
Our Brisbane drug lawyers have extensive experience defending serious drug charges, including large-scale operations and cross-border drug offences such as trafficking or importation.
Serious drug offences in Queensland, such as trafficking, importation, possession, production, and supply of dangerous drugs, carry lengthy penalties, including actual imprisonment.
It is critical to seek urgent advice from an experienced criminal defence lawyer for the best strategies to successfully defend your case.
Key facts about drug trafficking charges in Qld
Offence
Trafficking in a dangerous drug involves allegations that you were carrying on a business of supplying or distributing drugs. It is treated far more seriously than possession or supply because police allege ongoing, commercial conduct rather than a one-off incident.
Legislation
Section 5 of the Drugs Misuse Act 1986 (Qld) creates the offence of trafficking and sets out how it is prosecuted. The focus is on whether the evidence shows a course of conduct consistent with a business of trafficking.
Maximum penalty
The maximum penalty depends on the drug alleged:
Schedule 1 drugs, such as methylamphetamine, heroin, cocaine, and MDMA, carry a maximum penalty of 25 years imprisonment.
Schedule 2 drugs, such as cannabis, carry a maximum penalty of 20 years imprisonment.
Courts
Trafficking matters always start in the Magistrates Court but cannot be finalised there.
Trafficking involving Schedule 1 drugs must be dealt with in the Supreme Court of Qld.
Trafficking involving Schedule 2 drugs is dealt with in the District Court of Qld.
Nature of the offence
Drug trafficking is a continuing offence, meaning police can allege conduct over weeks, months, or longer. The prosecution does not need to prove every transaction. Instead, the court looks at whether the overall evidence shows a business of trafficking rather than isolated conduct.
Our Brisbane drug lawyers have been defending serious crimes for over 10 years
Drug trafficking cases are complex and evidence-driven, often relying on phone data, financial records, and allegations of ongoing conduct rather than a single event.
Under section 5 of the Drugs Misuse Act 1986 (Qld), a person commits drug trafficking if they carry on the business of unlawfully trafficking in a dangerous drug. This does not require police to prove hundreds of sales or a sophisticated operation. Courts look at whether your conduct shows a business-like activity directed toward commercial gain.
The offence focuses on trading drugs for profit, not personal use. Choosing the right criminal defence lawyers means engaging a team with extensive experience defending serious drug charges, a clear understanding of how police investigate trafficking allegations, and a detailed knowledge of the evidential requirements the prosecution must meet. Early, strategic advice will make a difference to the outcome.
If you are charged or being investigated, seeking early advice will make a difference to the outcome.
Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
What must police prove for a trafficking charge?
To prove trafficking, the prosecution must establish both elements beyond reasonable doubt:
You carried on a business
That business involved trafficking in a dangerous drug
Each element is assessed by looking at the whole picture, not just one incident.
What does ‘carrying on a business’ mean?
The phrase is not defined in the Act, but it has been carefully explained by Qld courts.
A business exists where conduct shows repetition, continuity, or an intention to engage in ongoing dealings for financial gain. Even a single transaction can be enough if it was intended to be part of a series.
Courts consider indicators often described as “badges of business”, including:
Whether there was a place used to operate from
Whether drugs were promoted or offered to others
Whether there was a range of customers
Whether supply was reliable or ongoing
Whether stock was held
Whether there were multiple suppliers
Whether there was continuity or repetition of transactions
No single factor is decisive. The court looks at the overall pattern.
What conduct counts as trafficking?
Trafficking is broader than actual sales. It includes all conduct forming part of the business, such as:
Negotiating prices
Communicating with customers
Arranging supply or delivery
Organising future transactions
Managing stock or logistics
Courts have consistently said trafficking covers the commercial movement of drugs from source to user, at any stage.
Possessing a substantial quantity of drugs with a clear commercial purpose can sometimes support a trafficking case, particularly where combined with communications or financial evidence.
What is not trafficking?
Some conduct does not amount to trafficking, including:
Buying drugs solely for personal use
Isolated possession without evidence of a business
Manufacturing precursors without proof of a trafficking business
Each case turns on its facts. Police often overreach by charging trafficking where evidence supports a lesser offence.
What drugs fall under trafficking laws?
The definition of “dangerous drug” is very broad. It includes:
Schedule 1 drugs such as methylamphetamine, heroin, cocaine, and MDMA, as well as Schedule 2 drugs such as cannabis.
Salts, derivatives, and isomers
Analogues and designer drugs
Substances intended to have similar pharmacological effects
Police do not need to prove the exact identity of the drug if circumstantial evidence supports that it was a dangerous drug.
What is the penalty for drug trafficking in Qld?
Penalties depend on the drug schedule and seriousness of the conduct.
Schedule 1 drugs – maximum 25 years imprisonment
Schedule 2 drugs – maximum 20 years imprisonment
For serious trafficking, sentences are often lengthy and involve actual custody. When sentencing for drug trafficking, courts assess a range of factors, including:
Type of drug - Courts distinguish between Schedule 1 and Schedule 2 drugs. Trafficking in Schedule 1 drugs such as methylamphetamine, heroin, cocaine, or MDMA is treated as more serious than trafficking in Schedule 2 drugs such as cannabis, and generally attracts heavier penalties.
Quantity and value - The amount of drug involved and its estimated commercial value are important indicators of the scale of the alleged business. Larger quantities and higher values tend to suggest a more serious level of trafficking.
Length of the trafficking period - longer alleged trafficking period can indicate ongoing, sustained activity rather than isolated conduct. Extended periods usually increase sentencing exposure, even if police only prove parts of that period.
Level of organisation and sophistication - Courts consider whether the conduct involved planning, multiple suppliers or customers, stock management, coded communications, or other features consistent with an organised operation.
Role played by you - your level of involvement matters. Courts assess whether you were a principal organiser, a key participant, or played a more limited role within the alleged operation.
Whether the conduct was commercial or addiction-driven - Trafficking motivated by profit is treated more seriously than conduct driven primarily by personal drug dependence. Evidence of addiction and rehabilitation can be highly relevant to sentence.
Our leading drug trafficking lawyers in Brisbane have extensive experience preparing detailed mitigating material for sentence in serious criminal matters. This can include psychological or psychiatric reports, carefully prepared character references, evidence of rehabilitation, employment history, and material addressing addiction or personal circumstances. Properly prepared mitigating material assists the court to understand you as an individual, places the offending in context, and can materially reduce the sentence ultimately imposed.
Will I go to prison for drug trafficking in Qld?
Whether you go to prison for drug trafficking in Qld depends on the scale and seriousness of the alleged trafficking, the type of drug involved, and your personal circumstances. Many trafficking cases result in actual custody, particularly where the conduct is commercial and ongoing, but outcomes vary significantly depending on the facts of your case. Examples from other Qld drug trafficking cases include:
Large-scale wholesale trafficking – 13–15 years or higher
Substantial Schedule 1 trafficking – 10–12 years imprisonment
Mid-level trafficking – around 5–7 years
Lower-level trafficking – around 3–5 years
Small-scale cannabis trafficking – sometimes 2–3 years, and in rare cases non-custodial outcomes
Rehabilitation, a timely plea, and properly prepared mitigating material by our criminal defence lawyers can significantly affect the outcome.
What court will my trafficking case be heard in?
Drug trafficking charges in Qld always begin in the Magistrates Court. This first appearance deals with procedural issues such as bail and the disclosure of evidence. However, trafficking is an indictable offence and cannot be finalised in the Magistrates Court.
Whether your case is heard in the District Court or Supreme Court depends on the type of drug:
Schedule 1 drug trafficking - Cases involving Schedule 1 drugs such as methylamphetamine, heroin, cocaine, or MDMA must be dealt with in the Supreme Court of Queensland. These cases are treated as the most serious and typically involve longer alleged trafficking periods and higher risk of actual imprisonment.
Schedule 2 drug trafficking - Cases involving Schedule 2 drugs such as cannabis fall within the District Court of Queensland. While still serious, these cases often involve lower maximum penalties.
Your matter will be transferred from the Magistrates Court to the District or Supreme Court through a committal process, where the prosecution must disclose its evidence and the defence can assess the strength of the case. How this stage is managed can significantly affect charge negotiations, trial strategy, and sentencing outcomes and so advice from an experienced criminal defence lawyer is critical at this early point.
Can police charge trafficking over a long period?
Yes. Trafficking is a continuing offence. Police do not need to prove conduct occurred on every day of the alleged period. Evidence before or after the charged period, including conduct in other States, can be used to explain or contextualise the business.
How to defend drug trafficking charges in Qld
Possible defences to drug trafficking charges depend entirely on the evidence and how the prosecution case is constructed. Depending on the facts, this may include:
No business was carried on - The evidence may show isolated or sporadic conduct that does not amount to carrying on a business of trafficking.
Conduct was personal use, not commercial - Where drugs were obtained or possessed for personal consumption, rather than for profit or ongoing supply, trafficking may not be made out.
Lack of continuity or repetition - Trafficking generally requires evidence of ongoing or repeated conduct. A lack of continuity can undermine the allegation of a business.
Lack of knowledge or intent - The prosecution must prove you knew about and intended to participate in the trafficking activity. Mere presence or association is not enough.
Failure to prove it was you involved - In many cases, police rely on phone data, messages, or circumstantial evidence. If the prosecution cannot prove beyond reasonable doubt that you were the person using the phone, sending the messages, or participating in the alleged conduct, the charge may fail.
Defences such as compulsion may apply in limited circumstances, but courts set a high threshold and require clear evidence that there was no reasonable alternative to the conduct.
How trafficking charges affect your career and reputation
For many clients, the consequences extend well beyond court. A trafficking charge can affect:
Employment and professional registration
Security clearances and licences
Travel and visas
Family relationships and reputation
Even before trial, allegations alone can cause serious damage.
What to do if you are charged or under investigation for drug trafficking in Qld?
If police allege drug trafficking:
Do not answer any police questions before seeking legal advice from a drug trafficking lawyer
Provide a copy of any phones, messages, and financial records to your lawyer
Do not contact potential witnesses or co-accuseds. Pass any relevant details to our criminal law team instead to discuss the next step
Early advice can affect the outcome.
Key Qld drug trafficking cases
R v Quaile [1988] 2 Qd R 103
Facts
The case concerned whether conduct alleged by police amounted to carrying on the business of trafficking, rather than an isolated act. The prosecution relied on limited transactions and surrounding circumstances to allege trafficking.
Main principle
The Court confirmed that trafficking is about carrying on a business, not simply supplying drugs. Even a single act can amount to trafficking if it is done with the intention that it be one of a series of acts aimed at financial gain. The focus is on the intention of the person at the time of the act.
Outcome
The decision established the foundational test for what constitutes “carrying on the business” of trafficking, which continues to be applied in Qld courts.
R v Elhusseini [1988] 2 Qd R 442
Facts
Police alleged trafficking based on a range of conduct, not limited to completed drug sales. The case examined whether preparatory and organisational conduct could amount to trafficking.
Main principle
The Court identified a non-exhaustive list of “badges of business” that may indicate trafficking, including having a place of business, multiple customers, stock availability, suppliers, and continuity of conduct. Importantly, trafficking includes all acts forming part of the business, not just actual sales.
Outcome
The Court confirmed that negotiations, communications, and arrangements for future supply can constitute trafficking even without completed sales.
R v Dent (2002) 132 A Crim R 151; [2002] QCA 247
Facts
The prosecution alleged trafficking over a defined period, relying on evidence of repeated dealings and surrounding conduct. The defence challenged whether the evidence showed a business rather than isolated conduct.
Main principle
The Court reaffirmed that the gravamen of trafficking is trading for profit. While repetition or continuity is usually required, a single transaction may suffice if it was intended to be repeated. The Crown does not need to prove trafficking occurred on every day of the alleged period.
Outcome
he conviction was upheld, and the case remains a leading authority on how trafficking periods and continuity are assessed.
R v Ma [2019] QCA 1
Facts
The case involved drugs located in a house occupied by multiple people. The prosecution alleged trafficking against a non-occupier present at the premises.
Main principle
The Court emphasised the difficulty of proving trafficking based on possession alone, particularly where exclusive possession cannot be established. The Court emphasised that trafficking cannot be inferred simply because someone is present where drugs are found. In circumstantial cases, the evidence must exclude reasonable explanations consistent with innocence, including lack of commercial involvement.
Outcome
The case highlighted the limits of circumstantial evidence in trafficking prosecutions and the importance of proving actual involvement in a business.
R v Richards [2017] QCA 299
Facts
The principal offender transported 176 grams of methylamphetamine from Sydney to Townsville. The accused was alleged to have assisted and was charged on an accessorial basis.
Main principle
Where liability is alleged under aiding or accessorial provisions, the prosecution must prove that the accused knew or expected the essential facts of the trafficking offence, including that the principal was carrying on a business of trafficking.
Outcome
The Court found the Crown had failed to prove the required knowledge and expectation, demonstrating that association or assistance alone is not enough.
R v Safi [2015] QCA 13
Facts
The case involved substantial trafficking in Schedule 1 drugs over a significant period.
Main principle
Absent extraordinary circumstances, substantial trafficking in Schedule 1 drugs commonly attracts sentences in the range of 10–12 years imprisonment, even where there are mitigating factors and a plea of guilty.
Outcome
The sentence was upheld, reinforcing established sentencing ranges for serious trafficking.
R v Illin [2014] QCA 285
Facts
The case involved trafficking in a Schedule 2 drug. The issue was whether imprisonment was mandatory.
Main principle
The Court confirmed there is no inflexible rule requiring imprisonment for trafficking offences, including Schedule 2 drugs. Sentencing discretion remains, depending on the facts.
Outcome
The decision confirmed that non-custodial outcomes remain legally open in appropriate cases.
FAQ - Drug Trafficking in Qld
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Drug trafficking is one of the most serious drug offences in Queensland.
It involves the commercial supply of drugs, which includes selling and distributing drugs for profit or purchasing drugs for the purpose of dealing in it or supplying it for reward to another.
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To prove trafficking, the prosecution must establish both elements beyond reasonable doubt:
You carried on a business
That business involved trafficking in a dangerous drug
Each element is assessed by looking at the whole picture, not just one incident.
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To prove drug trafficking, the prosecution must establish that a person was ‘carrying on the business of trafficking’.
This usually involves evidence of repetition and continuity in operations for commercial gain.
Examples include maintaining regular suppliers or buyers, organising distribution networks, or dealing with significant quantities of drugs over time.
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Penalties for drug trafficking are severe, with the maximum penalty being life imprisonment.
Factors that influence sentencing include the scale of the operation, the type of substances involved, the individual’s role, and any prior criminal history.
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They can. Police often rely on messages, repetition, and small profits to allege a business. Whether that amounts to trafficking depends on the evidence and must be carefully analysed.
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Yes. In some cases, trafficking can be challenged or resolved as supply or possession, depending on the strength of the evidence.
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A timely plea is an important mitigating factor and can significantly reduce the time spent in prison.
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These cases normally involve volumes of evidence including phone data. As such, there could be delays in the supply of the evidence due to data extraction and forensic examinatioan of the devices. Such complex cases can take 2 years or more to finalise.
What should I do if I have been charged with drug trafficking in Qld?
Early advice is critical and can significantly affect the outcome of your case. Follow these key steps when choosing the best drug lawyer in Brisbane:
Call an experienced drugs lawyer in Brisbane – When facing serious drug charges in Queensland, it is important to choose a Brisbane criminal lawyer with extensive experience defending trafficking, importation, and supply matters, a proven track record of trial results, and knowledge of Queensland and Commonwealth drug laws.
Exercise your right to silence – Do not answer police questions or make statements until you have spoken with a lawyer. Anything you say may later be used in evidence.
Preserve evidence for your defence – Retain any material that may support your case, such as text messages, receipts, or documents. Identify potential witnesses and provide their details to your lawyer.
Do not contact witnesses - Write down the contact details of anyone who may be able to help your case, and pass it to your lawyer instead.
Our experienced Brisbane criminal lawyers are available now to discuss the best strategies to win your case and protect your future.
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Fill in a Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.