The short answer
Trafficking is the most serious of Queensland’s drug offences. It is defined under s 5 of the Drugs Misuse Act 1986 (Qld) as carrying on a business of unlawfully trafficking in a dangerous drug. It carries a maximum penalty of life imprisonment, no longer distinguishes maximum penalties based on the type of dangerous drug, and there is no quantity threshold written into the offence at all. That’s different from supplying (s 6) and producing (s 8), where the maximum penalty does depend on which schedule the drug falls in and, for producing, the quantity involved, as at 23 July 2026.
If you’ve been charged with trafficking, supplying or producing a dangerous drug, contact us for confidential advice, available 24/7 for urgent matters.
What actually makes a charge “trafficking” rather than supply or possession?
The legal test in s 5 is “carrying on the business” of unlawfully trafficking, not a quantity or a dollar figure. Queensland courts have treated this as a question of fact: is there a regular, ongoing commercial activity, even a small or short-lived one, rather than a single isolated act? A trafficking business can run for as little as a few days or weeks, or for years; what matters is a pattern, usually shown through things like repeated messages arranging sales, records of amounts owed or received (sometimes called “tick sheets”), or a sequence of transactions rather than one. However, trafficking can still be made up of a single large-scale supply.
Supplying (s 6) is different: a single supply, or even a single offer to supply, is enough, on its own, to prove that charge, without any need to show a business or a pattern. Producing (s 8) covers manufacturing or cultivating a dangerous drug. Possession is different again: simply having a dangerous drug, without more, is charged separately and is what our drug possession law article and personal-use diversion scheme cover. The three offences carry very different consequences, so which one you’re actually charged with, and whether the evidence genuinely supports it, matters enormously.
What is the maximum penalty for drug trafficking in Queensland?
Under s 5(1), the maximum penalty for trafficking is life imprisonment, and, unlike supplying or producing, this figure doesn’t change depending on which schedule the drug is in: trafficking in cannabis (a schedule 2 drug) carries the same statutory maximum as trafficking in methylamphetamine (a schedule 1 drug). The only difference between Schedule 1 and Schedule 2 drugs is that Schedule 1 trafficking is dealt with in the Supreme Court, whereas Schedule 2 trafficking is dealt with in the District Court. In addition to being charged with trafficking, section 5(2) can also add a further “serious organised crime” circumstance of aggravation under the Penalties and Sentences Act 1992 (Qld), s 161Q, which can only be included on an indictment with a Crown Law Officer’s consent; how that aggravation applies to a particular case is genuinely fact-specific and beyond general information, so get advice early if it’s been raised in your matter.
It’s important to be clear about what “maximum” means in the context of trafficking: life imprisonment is the upper limit of the punishment that can be imposed in any trafficking case, not the expected outcome. Actual sentences for trafficking vary enormously depending on the length and scale of the operation, the type and quantity of drug, any profit made, and criminal history, which is exactly why early, properly prepared legal advice can change the outcome.
How is trafficking different from supplying dangerous drugs?
Supplying carries a tiered maximum penalty depending on the drug’s schedule under the Drugs Misuse Regulation 1987 (Qld) and whether the supply was “aggravated” (s 6):
| Drug schedule | Aggravated supply | Maximum penalty |
|---|---|---|
| Schedule 1 (e.g. methylamphetamine, cocaine, heroin, MDMA) | To a minor under 16 | Life imprisonment |
| Schedule 1 | Other aggravated categories (below) | 25 years |
| Schedule 1 | Not aggravated | 20 years |
| Schedule 2 (e.g. cannabis) | To a minor under 16 | 25 years |
| Schedule 2 | Other aggravated categories (below) | 20 years |
| Schedule 2 | Not aggravated | 15 years |
A supply is “aggravated” under s 6(2) if the person supplied is: a minor under 16; a minor 16 or over; an intellectually impaired person; someone within an educational institution; someone within a correctional facility; or someone who doesn’t know they’re being supplied with the drug. Trafficking has no equivalent tiering by schedule: because the maximum is a flat life imprisonment regardless of drug type, the practical difference between a trafficking and a supply charge, for sentencing purposes, usually comes down to scale, persistence and the actual evidence of a business, with a lesser focus on the schedule of drug involved.
Does the quantity of drugs found prove trafficking?
Not directly, and this is one of the more misunderstood parts of Queensland drug law. Because s 5 is a “carrying on a business” test, there’s no statutory quantity that automatically makes a charge trafficking rather than supply or possession; someone could be charged with trafficking over a series of small sales, or found not to be trafficking despite holding a large quantity on one occasion, if there’s no evidence of them carrying on a business of trafficking. In practice, prosecutors do use quantity as circumstantial evidence: a large quantity, especially combined with cash, scales, tick sheets, clip seal bags and capsules, and phone records, is commonly relied on to argue commerciality, but it isn’t a legal presumption and can be challenged on the facts.
Quantity does matter in a different, precisely defined way for producing dangerous drugs (s 8), where the maximum penalty is set by reference to specified quantities in Schedule 3 and Schedule 4 of the Regulation:
| Drug | Schedule | Schedule 3 quantity | Schedule 4 quantity |
|---|---|---|---|
| Methylamphetamine, cocaine, heroin, MDMA | 1 | 2.0g | 200.0g |
| Cannabis | 2 | 500.0g (or 100 plants if under 500.0g) | not applicable |
Producing a Schedule 1 drug at or above the Schedule 4 quantity carries a maximum of 25 years; between the Schedule 3 and Schedule 4 quantities, 20 to 25 years depending on drug dependency findings; below Schedule 3, 20 years. Producing a Schedule 2 drug (like cannabis), which has no Schedule 4 tier, carries a maximum of 20 years at or above the Schedule 3 quantity, and 15 years below it. These are different, and much smaller, figures than the personal possession limits that determine diversion eligibility, which we cover in our drug possession and diversion articles, so don’t assume one set of numbers applies across every type of drug charge.
Will you get bail if you’re charged with drug trafficking?
Bail for trafficking is not automatically refused, and not automatically a “show cause” matter either, though the seriousness of the charge weighs heavily. Under the Bail Act 1980 (Qld), s 16, a defined list of offences reverses the usual position and requires the defendant to show cause why detention isn’t justified; a straightforward drug trafficking charge isn’t on that list unless another trigger applies, such as being charged while already on bail or awaiting trial for another indictable offence, or the offence having involved a firearm, weapon or explosive. Only offences under the Criminal Code carrying a mandatory life sentence (like murder) trigger the exclusive Supreme Court bail jurisdiction in s 13; because trafficking’s life imprisonment maximum is discretionary, not mandatory, and trafficking is a Drugs Misuse Act offence rather than a Criminal Code one, that provision doesn’t apply to it either.
That said, under the general “unacceptable risk” test in s 16(1)–(2), a court weighs the nature and seriousness of the offence and a trafficking charge, especially a larger or longer-running one, is treated seriously on that basis alone. Often, that means a Supreme Court bail application follows a refusal by a Magistrate. See our guide to how bail works in Queensland for the full test, and our bail applications page for how we approach an application.
What evidence do police rely on in a trafficking case?
Trafficking investigations are usually built over time, not from a single search. Common sources of evidence include phone data (text messages, call records and messaging-app content extracted from seized devices), surveillance by police or informants, telecommunications intercept warrants in larger operations, financial records suggesting proceeds of sales, and physical evidence like scales, packaging, and cash. Sometimes, police will use undercover officers (called “law enforcement participants” or LEPs) as part of a controlled operation to buy drugs off a suspect or conduct covert surveillance on their movements.
Because the offence often turns on proving an ongoing business rather than a single transaction, the prosecution case is often assembled from many smaller pieces, which also means there are usually many points where that case can be tested, whether that’s the lawfulness of a warrant, the reliability of a phone extraction, or whether the evidence really shows a business rather than isolated or personal conduct.
If you’ve been charged with trafficking, supplying or producing a dangerous drug in Queensland, read more about how we approach drug charges or contact us for confidential, non-judgmental advice on your options.
This article is general legal information, not advice about your situation.
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