Drug Charge Lawyers

WHAT ARE DRUG OFFENCES?

Facing drug charges in Queensland is terrifying. Whether it’s a small amount of cannabis found in your car or allegations of large-scale trafficking, the penalties are harsh—fines, criminal convictions, mandatory drug diversion programs, and lengthy prison sentences. A drug conviction can destroy your career, travel plans, and reputation.

But not all drug charges stick. Police searches are often unlawful. Evidence can be challenged. Charges can be reduced or dismissed entirely.

At Hannay Criminal Defence, our experienced Brisbane and Gold Coast criminal defence lawyers have successfully defended clients across Queensland facing every type of drug charge—from simple possession to importation and trafficking. We know how to challenge police evidence, expose unlawful searches, and fight for outcomes that protect your freedom and future.

Don’t wait. Police are building their case against you right now. Call Hannay Criminal Defence today for a free, no-obligation consultation and start building your defence.

Drug offences in Queensland are governed by the Drugs Misuse Act 1986 (Qld). This legislation covers a wide range of charges, from minor possession to large-scale trafficking. The types of drug offences include:

• Minor possession offences: Small amounts of cannabis or party drugs like MDMA, cocaine, or methamphetamine for personal use.
• Possession of drug utensils: Bongs, pipes, scales, clip-seal bags, or other items used in connection with drug offences under section 10 of the Drugs Misuse Act 1986.
• Drug supply: Providing drugs to others under section 6, whether for profit or not, including giving drugs to friends at a party.
• Possession with intent to supply: Possessing quantities of drugs that suggest commercial distribution rather than personal use.
• Drug trafficking: Being involved in the ongoing business of buying, selling, or distributing drugs under section 5 of the Drugs Misuse Act 1986.
• Drug production and cultivation: Manufacturing methamphetamine, cultivating cannabis plants, or producing other dangerous drugs under section 8.
• Importation of drugs: Bringing drugs into Australia by air, sea, or land. These are Commonwealth offences prosecuted in federal court with maximum penalties of life imprisonment.
• Supplying drugs in correctional facilities: Moving drugs into prisons or detention centres, which attracts additional penalties.
• Permitting use of place for drug offences: Allowing your home, car, or property to be used for drug activity under section 11.

The severity of your charge depends on several factors:

• The type of drug involved
• The quantity of drugs found
• Your role in the offence
• Whether aggravating factors exist
• Your criminal history

Queensland drug offences are governed by the Drugs Misuse Act 1986 (Qld), which covers everything from simple possession to large-scale trafficking operations. Key sections include:

Section 9: Possession of Dangerous Drugs

Makes it an offence to possess dangerous drugs including cannabis, methamphetamine, cocaine, MDMA, heroin, and prescription medications without a prescription.

Maximum penalties depend on the drug schedule:

• Schedule 1 drugs: Up to 25 years imprisonment
• Schedule 2 drugs: Up to 20 years imprisonment

Section 5: Trafficking in Dangerous Drugs

Trafficking is the most serious drug charge in Queensland. It involves the ongoing business of buying, selling, or distributing drugs.
Maximum penalty: 20–25 years imprisonment depending on the drug schedule.

Section 6: Supplying Dangerous Drugs

Includes selling, giving, or agreeing to supply drugs.
Maximum penalty: Up to 25 years imprisonment for Schedule 1 drugs.

Section 8: Producing Dangerous Drugs

Includes manufacturing, cultivating, or processing drugs.

• Small-scale cultivation: Lower penalties, potentially diversion
• Medium-scale production: Significant jail time
• Large-scale production: Up to 25 years imprisonment

Section 10: Possession of Things Used in Drug Offences

Possessing equipment like scales, bags, or bongs.
Maximum penalty: Up to $2,000 fine or 1 year imprisonment.

Section 11: Permitting Use of Place

Allowing your property to be used for drug activity.
Maximum penalty: Up to 15 years imprisonment.

Most drug charges begin with a police search. In many cases, police searches are unlawful, breaching the Police Powers and Responsibilities Act 2000 (Qld). If the search was unlawful, evidence can be excluded and charges dropped.

Police can only search you without a warrant in specific circumstances:

• To arrest someone
• To prevent evidence destruction
• To prevent harm or domestic violence
• To investigate traffic or drug driving offences
• If they reasonably suspect you possess drugs or weapons

If none of these apply, the search may be unlawful. Always ask to see the warrant, do not consent to a search, and contact Hannay Criminal Defence immediately.

During a police search:

• Stay calm and polite
• Ask to see the warrant
• Do not consent to a search unless legally required
• Do not answer questions
• Take note of details (officer names, time, location)
• Contact Hannay Criminal Defence immediately

Hannay Criminal Defence defend drug charges by:

• Challenging unlawful searches and seizures
• Questioning police procedure and evidence
• Arguing lack of knowledge or possession
• Arguing personal use instead of supply
• Applying for diversion programs
• Negotiating reduced charges
• Representing clients in all Queensland courts

We assess:

• Validity of the warrant
• Whether police had reasonable suspicion
• Proper handling of evidence
• Chain of custody
• Breaches of rights

Common defences include:

• Drugs belonged to someone else
• You had no knowledge or control
• Drugs were for personal use
• No evidence of trafficking activity

Even if you plead guilty, you may avoid a conviction.

Drug Diversion:

• Police diversion: Education session, no court, no conviction
• Court-ordered diversion: Drug assessment and treatment, no conviction

Good Behaviour Bonds:

• Stay out of trouble for 6–12 months
• No conviction if conditions met
• Suitable for first-time offenders or minor charges

Why choose Hannay Criminal Defence:

• Proven results defending drug charges
• Specialist knowledge of Queensland drug laws
• 24/7 availability
• Free consultations
• Offices in Brisbane and Gold Coast
• Experienced courtroom advocates

Every day you wait is a day closer to court. The sooner you contact us, the more time we have to challenge unlawful searches, gather evidence, and build your defence.

Call Hannay Criminal Defence now for a free, no-obligation consultation.