Drug Offences in Queensland — Possession to Trafficking
Drug Offences — 2026-06-24 — by Sacha Sarah Smith, Civic Law
What is the difference between drug possession, supply, trafficking, and production in Queensland? The charges, the penalties, and why the label on your.
You have been charged with a drug offence in Queensland, and the word on the charge — possession, supply, production, or trafficking — changes everything about what happens next. The penalties range from a fine and no criminal record at one end to life imprisonment at the other. The label on the charge matters more than the type or amount of the drug.
All drug offences in Queensland are governed by the Drugs Misuse Act 1986 . The drugs themselves are classified into two schedules under the Drugs Misuse Regulation 1987 — Schedule 1 (the more serious drugs, including methamphetamine, heroin, cocaine, and MDMA) and Schedule 2 (including cannabis). The penalty for every drug offence depends on which schedule the drug falls under, the quantity involved, and the type of offence.
Possession — Section 9
Possession of a dangerous drug is the most common drug charge in Queensland. It covers a person found with a quantity of a drug for their own use.
The maximum penalty depends on the drug type and quantity. For personal-use quantities dealt with in the Magistrates Court , the summary jurisdiction limit is 3 years imprisonment. In practice, a first-offence possession charge involving a small quantity rarely results in anything close to that. The realistic outcome is a fine, a good behaviour bond, or — with proper submissions — no conviction recorded under section 12 of the Penalties and Sentences Act 1992 .
For larger quantities, the penalties increase significantly. If the quantity exceeds the amount specified in Schedule 3 of the Regulation, the maximum rises to 20 years for a Schedule 1 drug (or 25 years if the quantity exceeds the Schedule 4 amount and the person is not drug dependent). For a Schedule 2 drug exceeding the Schedule 3 amount, the maximum is 20 years.
If drug diversion is available for your charge, it resolves the matter without a conviction and without a court appearance — provided you complete a drug assessment or education session. Diversion is generally limited to possession of small personal-use quantities.
Supply — Section 6
Supply is where the penalties escalate sharply. Under the Drugs Misuse Act 1986 , "supply" has a broad definition — it includes selling, giving, distributing, transporting, or administering a drug to another person. It also includes offering to supply, and doing anything preparatory to supply.
This means passing a joint to a friend at a party is a supply charge, not a possession charge. No money needs to change hands. No commercial operation is required. The act of giving a drug to another person — or offering to — is enough.
The maximum penalties for supply depend on the schedule of the drug and whether a circumstance of aggravation applies:
Schedule 1 drug (e.g. methamphetamine, cocaine, heroin, MDMA) — 20 years imprisonment. If a circumstance of aggravation applies (supply to a minor aged 16–17, to a person with intellectual impairment, in an educational institution, or to someone who does not know they are being supplied), the maximum rises to 25 years. Supply of a Schedule 1 drug to a child under 16 carries a maximum of life imprisonment.
Schedule 2 drug (e.g. cannabis) — 15 years imprisonment. With a circumstance of aggravation, 20 years. Supply to a minor under 16 carries a maximum of 25 years.
Supply is an indictable offence. Depending on the circumstances, it may be dealt with in the District Court on indictment, or in the Magistrates Court if the prosecution elects summary jurisdiction (for the lower-tier supply charges with a maximum of 15 years).
The gap between a possession sentence and a supply sentence is measured in years, not months. This is why the review of the prosecution evidence is critical. If the evidence does not actually support supply — if it is a quantity consistent with personal use and there is no evidence of distribution — then the charge should be challenged or negotiated down to possession.
Production — Section 8
Production covers manufacturing, growing, or preparing a dangerous drug. Growing a cannabis plant in your backyard — even one plant for personal use — is a production charge, not a possession charge. The distinction matters because production carries significantly higher penalties.
The maximum penalties for production mirror the structure of supply — they depend on the drug schedule and the quantity:
Schedule 1 drug — 20 years for most cases. If the quantity exceeds Schedule 3 amounts, 20 to 25 years depending on quantity and whether the person was drug dependent.
Schedule 2 drug — 15 years for quantities below Schedule 3 amounts. If the quantity exceeds Schedule 3, 20 years.
In practical terms, a person charged with production is usually someone who has been found growing cannabis (the most common production charge in the Magistrates Court) or operating a lab or extraction process. The sophistication of the operation, the quantity produced, and whether there is any evidence of commercial intent all affect the sentencing range.
A small personal-use cannabis grow is still a production charge, but the court treats it very differently from a commercial hydroponic operation. The charge is the same under the legislation — the sentencing outcome is not.
Trafficking — Section 5
Trafficking is the most serious drug offence in Queensland. It is not simply a larger-scale supply charge — it is a separate offence that captures the business of dealing in drugs.
Under section 5 of the Drugs Misuse Act 1986 , trafficking means carrying on the business of unlawfully trafficking in a dangerous drug. The maximum penalty is life imprisonment.
The prosecution does not need to prove a single specific transaction. What it must prove is that the person was conducting an ongoing business of supply — that there was a system, a pattern, a commercial enterprise. Evidence of multiple transactions, large quantities, commercial packaging, financial records, distribution networks, and communications about supply all go to establishing that a business existed.
Even a single sale can form part of a trafficking charge if there is evidence of a broader business. But a single isolated supply — giving a friend a pill at a music festival — is a supply charge, not a trafficking charge. The line between the two is drawn by the word "business."
Trafficking matters are dealt with on indictment in the District Court or Supreme Court. The preparation is extensive, the process is longer, and the sentencing stakes are the highest of any drug offence. Bail is often contested. Legal aid may be available for the most serious trafficking charges.
What Determines the Charge — and Can It Change?
The charge police lay at the start is based on what they believe the evidence shows. But it is not the end of the analysis. Once the full prosecution brief is obtained — the QP9, the analysis certificates, the records of interview, any phone extractions — the evidence is reviewed to assess whether the charge actually fits.
Circumstantial evidence that police interpret as supply may, on closer review, be consistent with personal use. A quantity described as "consistent with supply" may be consistent with the consumption patterns of the person charged. Messages on a phone that look incriminating in a summary may look different when read in full and in context.
If the evidence does not support the charge at the level it has been framed, that is addressed through negotiations with the prosecution. A supply charge that becomes a possession plea changes the sentencing range entirely. These negotiations are a standard part of criminal defence work and are one of the most significant things a lawyer does in drug matters.
Talk to Civic Law
The label on your drug charge — possession, supply, production, or trafficking — determines the court, the maximum penalty, and the realistic sentencing range. If you have been charged with a drug offence in Cairns or Far North Queensland, call Sacha Sarah Smith on 0425 429 458 for a direct assessment of where your charge sits and what can be done about it.
Drug Offences — Magistrates Court
Drug Diversion
District Court Plea