Australia Cannabis Laws: Queensland- Offences & Penalties


It still remains illegal in Queensland to possess, use, supply, doing production, and doing trafficking of marijuana for the purpose of amusement. Under the Drugs Misuse Regulation 1987, marijuana is regarded as a ‘schedule 2 dangerous drug’. But if you commit any of the offenses that are listed above, what exactly are the laws of Queensland related to Cannabis. Given below is everything that you require to know about the Queensland laws.

Possession of Cannabis

As the word ‘possession’ is not stated in the Drugs Misuse Act 1989, a definition is given in the Criminal Code Act 1899 (Old), Section 1. Possession is meant that anything is under your own control, whether it is for your personal use or to give the benefit of it to any other person. If there is a requirement of imposing a charge of possessing cannabis on any person, then he must be aware of its existence there.

A person who is caught with less than 500 grams or 100 plants of marijuana, then he will have to face a penalty of a maximum of 15 years of imprisonment under the Queensland cannabis laws stated in the Drugs Misuse Act 1986. If any person is caught possessing more than 500 grams or 100 plants of cannabis, then he will be liable to get a maximum penalty of 20 years.

You may also be issued a Drug Diversion Order. It is basically a program through which you can deal with the issue outside of the Court system. But, it is dependent on some conditions. These conditions are whether you are caught possessing a minor amount of drugs up to 50 grams of cannabis, previously you have not been issued any drug diversion order. Some other conditions are either you have accepted of committing the offense in a recorded interview, or you have not committed any other drug offenses before.

Production of Cannabis

According to Section 8 of the Drugs Misuse Act 1986, under Queensland Cannabis Laws, a person who illegally does the production of a dangerous drug is culpable of a crime.

Under Section 4 of the Drugs Misuse Act 1986 production of marijuana in Queensland is inclusive of producing, manufacturing, preparing, cultivating, or packaging marijuana. It is also inclusive of doing or offering any kind of preparatory work that is mentioned above.

Evidence presented to the court in relation to the production of cannabis must prove the following things apart from an appropriate doubt:

  • That the accused person has done the production of cannabis; and
  • That the produced drug is a dangerous drug

If the person is found culpable for doing the production of a particular quantity of marijuana, he may be required to face the following penalties:

  • If he is caught with less than 100 plants or 500 grams of cannabis, then he may have to face imprisonment of upto 15 years.
  • If caught with more than 100 plants or 500 grams of cannabis, then the maximum penalty is 20 years for this.

Supplying Cannabis

Under Section 4 of the Drugs Misuse Act, 1989, ‘supply’ is meant to provide, sell, distribute, administer, supply, or transport cannabis. It also refers to the offer for doing any kind of acts or preparatory work that are mentioned above.

The maximum penalty might be different for supplying schedule 2 dangerous drugs, like cannabis which is dependent on the quantity. It is also inclusive of whether there were situations for enhancing it. The penalties for enhanced supply of cannabis are given below:

If marijuana is supplied to a minor who is less than the age of 16 years, the maximum penalty will be of 25 years of imprisonment.

The maximum penalty will be 20 years of imprisonment if the crime is enhanced because the drugs were supplied to any of the following:

  • supplied to a minor who is more than the age of 16 years;
  • supplied to an intellectually impaired person;
  • cannabis was supplied within a correctional facility; or
  • supplied to a person who was not aware that the drugs is being supplied to him.

Trafficking of Cannabis

Under Section 5 of the Drugs Misuse Act 1989, it is illegal for anyone to conduct a business of illicitly trafficking cannabis. It is required to be proved that the culprit was conducting the business of illicit trafficking. Usually, it is inclusive of a series of the following activities:

  • Promoting or advertising cannabis by communicating with potential consumers;
  • Setting up of a chain of supply;
  • Negotiation of the process and terms and conditions of supply and payment;
  • Request & receive orders for supply; and
  • Doing arrangements for supply

You must keep this thing in your mind that a single act of selling or supplying cannabis might also be considered as trafficking of cannabis. There is no requirement for it to be a repetitive task.

A person who was found to illicitly doing the trafficking cannabis might be imposed imprisonment of up to 20 years.