Home » The Risks of ‘Getting on the Bags’
Written by: Braden Milburn, Criminal Law Solicitor

Its Festival Season 

2024 is bringing in a raft of positive social opportunity to the Sunshine Coast. The Coast will welcome a range of concerts and festivals as well as the oncoming cooler climate making a night out look more and more enticing.

If you and your friends are excited for these events, and are considering ‘getting on the bags’, it is important to understand the potential consequences. A split second decision to obtain or supply drugs for you and your friends could potentially follow you for the rest of your life.

Drug Diversions 

If you have been caught with drugs, in some circumstances, you may be able to request that the Police issue a drug diversion to you. Police can issue a “drug diversion” in lieu of bringing forth charges – this is discretionary and only applies in some circumstances such as minor drug offences.



Under section 5 of the Drugs Misuse Act 1986 (Qld) (the Act) it is an offence for anyone to carry on the business of unlawfully trafficking dangerous drugs.

The maximum penalty for trafficking is 25 years imprisonment.

“Trafficking” has been considered to include notions of trading or dealing in something, for a consideration (i.e. money), including all aspects required to “carry on” a business including soliciting or advertising sales, engaging in the movement of the drug from the source to the eventual user, but that it can also include one transaction or supply for valuable consideration.

If you obtain drugs for yourself and others, and are found transporting those drugs to other people, you may be considered to be “carrying on” or engaging in the movement of the drugs which can result in trafficking charges being brought against you.

A charge for trafficking of dangerous drugs will usually accompany charges of possession, supply, or production on a case by case basis. You should obtain legal advice to fully understand the charges which you are facing.


What happens when you are charged?

You have the right to remain silent – this means that you do not need to speak to Police when questioned about the offending. You should not speak with Police before obtaining legal advice to ensure your interests are protected.

If you are charged, Police may provide you with a ‘Notice to Appear’ or arrest you and release you on bail. If you have a history of similar offending, Police may require that you be held in custody to leave the decision of bail up to the Court. You have the right to obtain legal advice
during this time and you should do so.


Your Options Once Charged

A charge brought against you will commence in the Magistrates Court. Depending on the nature of the offence and the quantity/type of drug on your person, you may then be required to have your charges dealt with in the District or Supreme Court.

There are a range of defences or sentences available when dealing with drug offences. The options available to you will depend on a range of factors which can be assessed during your initial consultation with our experienced solicitors.



How can we help?

If you have been charged with trafficking dangerous drugs it is important to seek legal advice early on to ensure your case is prepared carefully from the beginning and to allow any negotiations to take place as quickly as possible.

If you or someone you know has been charged with a drug offence, contact our experienced solicitors here at Greenhalgh Pickard. Gain peace of mind that our solicitors can provide you with advice and guide you through the process to ensure you are fully informed on your prospects throughout the entire process including the procedure at Court and what outcome you might expect to receive for your charges.




The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.