Drug Offences

Will I go to jail for drugs in Qld?

Whether a drug charge will result in imprisonment depends on what you are charged with, how police allege the offence occurred, and what the evidence ultimately shows.

Lower-level offences, such as simple possession or limited supply, do not automatically result in jail. In appropriate cases, courts may consider non-custodial outcomes, such as fines or probation and community service, particularly where the conduct is isolated, addiction-driven, or at the lower end of seriousness.

However, a case becomes more serious where police allege commercial activity, repeat conduct, or involvement with others. Trafficking, large-scale supply, and importation offences carry a real risk of actual imprisonment. These cases are treated as serious because the courts view them as involving profit-driven conduct rather than personal use.

Sentencing outcomes depend on the evidence, the duration and scale of the alleged conduct, the type of drug involved, and your personal circumstances. Early advice from our Brisbane criminal defence lawyers allows those risks to be properly assessed and a strategic response to be developed once the evidence is properly analysed.

What is the difference between possession, supply, and trafficking?

Although these charges all fall under Queensland drug laws, they are fundamentally different offences and attract very different penalties.

Possession is concerned with whether you had custody or control of a drug. That control can be physical or inferred from the circumstances, which is why possession cases often turn on where the drugs were found and who had access to them.

Supply involves giving, selling, or providing a drug to another person. Payment is not required. Even sharing drugs or acting as an intermediary can amount to supply, depending on the evidence.

Trafficking involves allegations that you were carrying on a business of drug dealing over a period of time. Police do not need to prove every transaction. Instead, they look for patterns suggesting commercial activity rather than a one-off incident.

It is not uncommon for police to charge trafficking where the evidence may support a lesser offence. Identifying that issue early is often critical to how a case is ultimately resolved.

What evidence do police use in drug cases?

Drug cases are rarely built on a single piece of evidence. Police typically rely on a combination of material to allege how the offence occurred.

This may include:

• Phone messages, call records, and data extractions

• Financial records, cash movements, or unexplained transactions

• Surveillance, including physical or electronic monitoring

• Drug quantities, packaging, scales, or other items said to indicate supply

• Allegations of repeated or ongoing conduct over time

Courts do not assess this evidence in isolation. They look at the overall picture. That means seemingly minor pieces of evidence can take on greater significance when combined, but it also means gaps or weaknesses can undermine the prosecution case as a whole.

What court will my drug charge go to?

Some drug charges can be finalised in the Magistrates Court, particularly lower-level possession or supply matters.

More serious charges, including trafficking and significant supply offences, cannot be finalised there and must proceed to the District Court or Supreme Court of Queensland. These cases will always begin in the Magistrates Court before being committed to a higher court.

Which court your matter ultimately proceeds in affects the timeline, the procedure, and the potential sentencing exposure. Understanding that pathway early is important when assessing risk and planning how the case should be approached.

Can drug charges be reduced or changed?

In some cases, yes.

Drug charges can sometimes be reduced, withdrawn, or resolved differently depending on the strength of the evidence, how the alleged conduct is characterised, and how early the matter is properly analysed. This often occurs after careful review of disclosure, including phone data and financial material.

That said, outcomes are always evidence-driven. There are no automatic reductions. Strategic decisions made early can, however, place you in a stronger position as the case develops.

What should I do if police are investigating me for drugs?

If police have contacted you or you believe you are under investigation, the steps you take early can have lasting consequences.

As a starting point:

• Do not answer police questions before obtaining legal advice

• Do not contact potential witnesses, co-accused persons, or anyone else connected to the investigation

• Do not discuss the matter on social media, messaging apps, or online forums

• Assume that your communications, movements, and digital activity may be monitored or subject to later analysis, even if you are using encrypted apps

• Preserve any material that may be relevant to your defence and provide it to our criminal lawyers

Early advice from our criminal defence lawyers in Brisbane allows the evidence to be assessed in its proper context, risks to be managed, and a strategy to be developed to prepare for the best possible outcome in your case.