How Queensland sorts dangerous drugs into schedule 1 and schedule 2 and why it changes a charge


Queensland sorts dangerous drugs into two schedules, and which one your drug sits in is one of the first things that shapes your charge. It affects the maximum penalty, and for some offences it decides which court deals with you at all.


Most people have never heard of the schedules until they are already charged, and the assumption they arrive with, that schedule 2 means minor, is wrong in ways that matter.


What is in schedule 1


Legal Aid Queensland describes schedule 1 as the more serious group, attracting the most significant penalties, and lists it as including amphetamine, cocaine, heroin, lysergide which is LSD, methylamphetamine, MDMA which is the active ingredient in ecstasy, paramethoxyamphetamine and phencyclidine.


It is a short list of specific substances.


What is in schedule 2


Everything else. Legal Aid Queensland describes schedule 2 as covering all other illicit drugs, and the examples it gives are worth reading properly, because several of them catch people by surprise.


Cannabis. Methadone and morphine. Gamma hydroxybutyric acid, known as GHB. Diazepam, which most people know as Valium, and temazepam. Synthetic cannabinoids. And all anabolic and androgenic steroids.


Two things stand out from that list.


Steroids are drugs for these purposes. People who would never describe themselves as involved with drugs are charged over steroids every year, and are genuinely shocked to find they are dealing with the Drugs Misuse Act rather than something administrative.


Some prescription medications appear there. Holding someone else's medication, without lawful authority to have it, can be a drug charge rather than a technicality. That is worth knowing before you carry a friend's tablets home for them.


Schedule 2 does not mean minor


This is the misconception worth killing.


Schedule 2 is not a lesser tier of trivial substances. It is the residual category, and it contains cannabis, which produces a very large share of Queensland drug charges, alongside substances that attract serious treatment.


The maximums in schedule 2 are not small. Legal Aid Queensland records producing a dangerous drug as carrying up to 25 years for a schedule 1 drug and up to 20 years for a schedule 2 drug. That is a real gap, and 20 years is not a lenient number.


As always, those figures are ceilings for the very worst version of an offence committed by the very worst offender. They are not forecasts and nobody can tell you what your own matter will produce.


Where the schedule changes which court deals with you


This is the practical consequence, and it is the one worth focusing on.


Legal Aid Queensland describes the general position that offences carrying up to 15 years can be dealt with summarily, meaning by a magistrate, and that a magistrate dealing with a matter that way is limited to 3 years.


The schedule then cuts into that.


For supply, Legal Aid Queensland's material indicates that supply of a schedule 2 drug without an aggravating circumstance can be dealt with summarily at the prosecutor's election, while supply of a schedule 1 drug cannot.


So two people charged with supply, one involving cannabis and one involving methylamphetamine, are not in the same procedural position at all. One may stay in front of a magistrate with a three year ceiling. The other is going upstairs where no such ceiling applies. Our page on drug supply covers where those charges sit.


Quantity sits on top of the schedule


The schedule is not the only variable. Quantity thresholds are set drug by drug, and where your amount falls against them affects the maximum and, for some offences, whether a magistrate can deal with it.


Legal Aid Queensland gives one concrete example on the cannabis side: a cultivation matter cannot be dealt with summarily where the aggregate weight of the plants reaches 500 grams or the number of plants exceeds 100.


The thresholds differ from drug to drug and they are not intuitive. Do not assume a figure you read about one substance applies to another, and do not assume a figure you read in an article written for another state applies here at all.


Then there is what was found alongside it


Charges in this area arrive in bundles, and the maximums within the bundle vary enormously.


Legal Aid Queensland describes possessing a thing for use in connection with a drug crime, or that has been used for one, as carrying up to 15 years. Possessing something for actually administering, consuming or smoking a drug carries up to 2 years. And there is a separate offence for unlawful possession of prohibited combinations of items, carrying up to 25 years, which cannot be dealt with summarily at all.


Fifteen years and two years for objects found in the same drawer. Which category a particular item falls into depends on the surrounding circumstances rather than the object itself, and that is frequently worth contesting.


What this means for you in practice


Find out which schedule your drug is in and what quantity is alleged. Those two facts, together, tell you more about the shape of your matter than anything else at this stage.


Then find out whether a commercial purpose is alleged anywhere on the charge sheet, because that removes the summary option regardless.


And read the whole charge sheet rather than the first line. People describe themselves as charged with possession when there are three offences listed with maximums ranging from 2 years to 15.


Our page on drug possession covers what the prosecution actually has to prove on a possession charge.

This article is current as at August 2026. Queensland drug law is in a period of change, including the diversion framework, so check the current position rather than relying on an article.


If you have been charged in Cairns


The schedule and the quantity are settled facts by the time you are charged, but what the prosecution says they mean is not. Whether an amount supports a commercial purpose allegation, and which of the surrounding items were for use in a drug crime as opposed to personal use, are genuine questions with real consequences for where your matter is heard.


We act in drug offences matters at Cairns Magistrates Court and beyond. We can go through what you are actually facing before your first mention.


If you have been charged with a drug offence in Cairns and you are not sure what you are facing, speak with us before your first mention.



Get in touch

A free, confidential consultation, no obligation.


The information in this article is general in nature only and does not constitute legal advice. It does not create a solicitor-client relationship. Every case turns on its own facts, so speak with us about your specific situation before acting.


Which Queensland court hears an assault charge and who decides whether it goes before a jury
August 31, 2026
Most assault charges in QLD are heard by a magistrate, not a jury. Who chooses, why the magistrate's sentencing ceiling matters, and when it goes up.
Self defence in QLD and what the law actually allows
August 31, 2026
Self defence in QLD is a real defence, and once it is properly raised the prosecution has to disprove it. What force is allowed and where the line sits.
How producing and growing drugs is charged in Queensland, including what counts as cultivation
August 30, 2026
Growing even a couple of plants is producing a dangerous drug in QLD. The word covers packaging and preparatory acts too, and watering is enough.
How the decision to plead guilty or not guilty to an assault charge in Queensland is actually made
August 30, 2026
How the decision to plead guilty or not guilty to an assault charge in QLD actually gets made, what a plea does at sentence, and the middle ground.
Why spitting on someone is an assault in Queensland and how the charge changes depending on who was
August 26, 2026
Spitting on someone is assault in QLD. Who you spat at decides how serious the charge is, and the jump for police and public officers is very large.
What happens after a first assault charge in Queensland, from being charged through to the court pro
August 26, 2026
Facing a first time assault charge in Queensland? What the charge means, which court deals with it, and what happens between now and your court date.
Who the law treats as being in possession when drugs are found in a car or a shared house in Queensl
August 26, 2026
If drugs are found in your car or house in QLD, they weren't mine is a real argument. But for the person in control of a place, the law shifts the work.
What happens after a minor drug possession charge in Queensland
August 25, 2026
Minor drug possession charges in QLD: how the maximum is worked out, what possession actually means, and which court will deal with it.
Where the line sits between drug possession and supply in Queensland
August 25, 2026
The line between drug possession and supply in QLD is not about money. What supply covers, and why a commercial purpose allegation changes your court.
How common assault, assault occasioning bodily harm and serious assault differ in Queensland
August 25, 2026
Common assault in QLD, assault occasioning bodily harm and serious assault are different charges with different maximums. Here is what separates them.