In Australia’s federal system drug legislation is made by the federal, state and territory governments. The Customs Act covers international trafficking and the importation and exportation of drugs. Each of the states and territories have devised their own legislation that deals with offences relating to drug manufacture, distribution/trafficking, possession and use and drug-related behaviour (e.g. drug driving). The distinction between the offences relating to possession, manufacture and traffic has historically been based on quantity. Here we focus on the threshold that relates to trafficking.