TRAFFICKING

Under section 5 of the Drugs Misuse Act 1986 (Qld), drug trafficking means carrying on a business of unlawfully trafficking in a dangerous drug.

- “Carrying on a business” is the key phrase — it doesn’t have to be large‑scale or cartel‑like. It can include small, regular sales, even to friends, if it shows an ongoing pattern of supply for profit.

- “Trafficking” includes selling — but it can also cover arranging, supplying, or distributing drugs as part of that business.

- The offence applies to both Schedule 1 drugs (such as cocaine, heroin, methamphetamine, MDMA) and Schedule 2 drugs (such as cannabis or diazepam).

Under section 5 of the Drugs Misuse Act 1986 (Qld), trafficking in dangerous drugs carries a maximum penalty of life imprisonment. This makes it one of the most serious offences under Queensland law.

When sentencing, the court considers a wide range of factors, including:

- the type of drug (such as Schedule 1 drugs like heroin, cocaine, methamphetamine, MDMA, or Schedule 2 drugs like cannabis, diazepam, psilocybin),

- the scale and duration of the trafficking,

- the offender’s role (whether organiser, courier, or low‑level participant),

- whether the trafficking was for profit or part of an organised operation, and

- the offender’s personal circumstances and criminal history.

Although life imprisonment is the maximum penalty, courts usually impose a lengthy prison term that can span many years. The exact sentence depends on the seriousness of the trafficking and the individual circumstances of the offender.

A conviction also results in a permanent criminal record, which can severely restrict employment, overseas travel, and future opportunities.

To secure a conviction for drug trafficking under section 5 of the Drugs Misuse Act 1986 (Qld), the prosecution must prove beyond reasonable doubt that:

- You carried on a business of trafficking — this means more than a one‑off sale. It involves an ongoing or organised activity of selling, supplying, or distributing drugs.

- The trafficking was unlawful — that is, without any legal authorisation, justification, or excuse.

- The substance was a “dangerous drug” — as defined in the Act and its regulations (for example, Schedule 1 drugs like heroin, cocaine, methamphetamine, MDMA, or Schedule 2 drugs like cannabis, or diazepam).

The prosecution often relies on evidence such as surveillance, intercepted communications, financial records, and witness testimony to try to prove that alleged trafficking was organised and business‑like. An effective defence involves carefully testing the reliability, accuracy, and legality of this evidence.

Possible defence strategies in drug trafficking matters include:

- Challenging the “business” element — arguing that the conduct was not ongoing or organised enough to amount to trafficking.

- Disputing the substance — questioning whether the material seized was in fact a “dangerous drug” under the Act.

- Unlawful police conduct — seeking to exclude evidence obtained through illegal searches, improper surveillance, or breaches of procedure.

- Lack of knowledge or intent — showing that the accused did not know about the drugs or was not intentionally involved in trafficking.

At Coral Coast Law, we focus on scrutinising the prosecution’s case, exposing weaknesses, and developing the strongest possible strategy to protect your future.

A conviction for drug trafficking under section 5 of the Drugs Misuse Act 1986 (Qld) carries serious and lasting consequences.

- Imprisonment – Trafficking is one of the most serious drug offences in Queensland. Sentences often involve lengthy terms of imprisonment, with parole only available after serving a significant portion of the sentence.

- Criminal record – A conviction is permanently recorded and can affect your reputation and future opportunities.

- Employment restrictions – Many industries that require licences, security clearances, or professional registration may refuse to employ someone with a serious drug conviction.

- Travel limitations – Countries such as the United States and Canada frequently deny entry to people with drug convictions, making international travel difficult.

- Financial and personal impact – A conviction can make it more difficult to obtain loans, secure housing, or access insurance, as many providers take criminal history into account. It can also place significant strain on family and personal relationships.

Being charged with drug trafficking in Queensland is one of the most serious matters you can face. Under section 5 of the Drugs Misuse Act 1986 (Qld), the courts treat trafficking as organised criminal activity, and a conviction can result in lengthy imprisonment and a criminal record that impacts every part of your life.

At Coral Coast Law, we understand how overwhelming and stressful these charges can be. We act quickly to protect your rights, carefully examine the prosecution’s evidence, and work towards the best possible outcome — whether that means challenging the case in court, negotiating with prosecutors, or reducing the impact of the charge.

Don’t delay. Call us today on 0447 028 080 or contact us online for urgent legal advice. Act now — it’s the most important step you can take to protect your future.