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Trafficking Dangerous Drugs Charge
A dangerous drug is described in schedules 1 and 2 of the Drugs Misuse Regulation. In Queensland, the most common schedule 1 drugs include cocaine and MDMA, whereas the most common schedule 2 drug is cannabis, in the context of drug offending.
What are the penalties for trafficking of dangerous drugs?
It is an offence to traffic in dangerous drugs if they fall within the above-mentioned schedules according to section 5 of the Drugs Misuse Act 1986 (Q) and the offence carries a maximum of 25 years imprisonment.
The importance of the schedules is that it allows lawyers to determine which Court has jurisdiction, or in other words, which Court has to deal with the matter. For instance, if the allegations involve trafficking in cannabis then they must be committed to the District Court for trial or sentence, whereas if the trafficking involves schedule 1 drugs then it has to be committed to the Supreme Court for trial or sentence.
Proof of trafficking of dangerous drugs
Trafficking is described as ‘carrying on a business’. This is a broad definition and the Police do not need to prove that there was a business in the traditional sense. Some examples of trafficking include:
- Selling small amounts of drugs over a period of time;
- Setting up a network to sell drugs, even if they were never actually sold;
- Selling drugs to a small number of friends even if it is at cost price
Although ‘trafficking’ drugs means carrying on or being involved in the ‘business’ of drugs, there is a broad interpretation applied. There is a misapprehension that the ‘business’ needs to be sophisticated, yield profit, or even be running to be considered ‘trafficking’.
Some examples include frequently buying drugs in bulk at a lower price and selling them in bulk to friends, or trying to set up an operation where there has not yet been any significant transaction, and so on. Trafficking is a complex charge. Each case is different and requires a complete assessment of the evidence.
Another misapprehension is the use of terms in messages that do not precisely reference a drug. It is widely accepted by Courts that many terms can be used to describe drugs (street names) such as ‘green’, ‘Q’, ‘stick’, ‘half’, and so on.
It is important that you speak to Rana Lawyers before speaking to the Police in order to assess:
- The strength of the Crown case;
- The circumstances in which a warrant was issued, if there was one;
- The validity of a car search, if this took place, without a warrant.
Many drug offences can involve terms of imprisonment being imposed and they are considered serious offences by the Courts.
Drug laws can be highly complex and require an experienced criminal lawyer specialised in drug charges to navigate. Furthermore, the penalties for drug charges, particularly drug trafficking charges, can also be severe.
Trust Rana Lawyers
If you’re facing drug trafficking charges or require legal advice, it’s important to find a professional criminal lawyer. Legal representation is vital if you want to safeguard your rights, build a robust defence, and ensure the best possible outcome.
At Rana Lawyers, our experienced team will walk you through the entire legal process, ensuring you are well informed at every step.
We can offer you the highest quality representation in Court, backed by decades of experience in trials and adversarial work.
