JDA Law’s specialised solicitors provide quality advice and representation for drug related offences in Victoria
- The possession, trafficking and manufacturing of certain drugs is illegal in Victoria
- Depending on the drug type and amount, you may be at risk of receiving a criminal record or jail sentence so quality representation is highly important
- Our expertise includes defending drug related charges of all levels of seriousness, including those prosecuted in both the Magistrates’ and County Court
Need immediate assistance in relation to an drug related charge or offence?
Call James Dowsley & Associates 24/7 on (03) 9781 4900
Types of Drug Charges
Victorian drug laws are contained in the Drugs, Poisons and Controlled Substances Act 1981 (Drugs Act). The Act defines two types of illegal drugs:
- Drugs of dependence which can be possessed legally with a valid prescription, but are illegal to possess without a prescription.
- Drugs you can’t possess under any circumstance, such as:
Some other chemical substances, as well as synthetic drugs and analogues of drugs are also included. An analogue of a drug is a modified version of a substance with similar chemical composition and use.
Penalties for drug related crimes differ depending on the substance, amount, and crime committed. Generally, using and possessing small quantities of illegal drugs is treated as a more minor crime than trafficking and cultivating drugs. Commonwealth law covers the most serious crimes of importing and exporting drugs.
See below for details on specific drug related charges in Victoria.
Drug Use and Drug Possession
Drug Use is defined by Victorian law as consuming an illicit substance. This may occur by swallowing, smoking, injecting, or other methods.
The maximum penalty for Cannabis use in Victoria is approximately $800. For other drugs it is approximately $5000 and/or one year imprisonment.Read more
Drug Possession consists of being in custody of an illicit substance. This includes holding it or having it on your property or in your place of inhabitance. If the quantity of the drug is high, it may be considered a saleable amount and you could face greater penalties.
For most drugs, the maximum penalty for Possession is a fine and/or one year imprisonment.
Cultivating and Manufacturing
It is illegal to grow, nurture, or harvest an illegal plant or to manufacture illicit substances. This includes watering, planting and picking the leaves of a cannabis plant.
If these plants are in your possession or on your property it is presumed they belong to you.Read more
The penalties depend on the substance, the amount and whether it is deemed to be for personal use or trafficking. Maximum penalties for Cultivating and Manufacturing range from fines of several hundred dollars, to life imprisonment for large amounts.
Some current maximum penalty examples are:
- Growing 10 marijuana plants: a fine of over $3,000 and/or jail for one year
- Growing 1000 marijuana plants: a fine of approximately $800,000 and jail for life
- Manufacturing 5gms of ecstasy tablets: 15 years jail
- Manufacturing 2kgs of ecstacy tablets: a fine of approximately $800,000 and jail for life
Drug Trafficking is a serious offence that is often proved by witness of a sale, or police finding a trafficable amount or items prepared for trafficking.
Activities that constitute Drug Trafficking under Victorian law include:Read more
- Preparing or packaging a drug of dependence for sale
- Manufacturing or making a drug
- Selling, exchanging, or agreeing to sell a drug of dependence
- Offering for sale a drug of dependence
Trafficable amounts of common drugs are:
- Cannabis: 250 gms or 10 plants
- Opium plants: 100 gms
- Coca plant: 800 gms
- THC: 25 gms
- Cocaine: 3 gms
- Heroin: 3 gms
- Speed: 3 gms
- Methamphetamine: 3 gms
- GBH: 50 gms
- Forging a Prescription
- Making a False Representation to Obtain a Drug or Script
Need a Criminal Lawyer in Melbourne for a Drug Related Charge?
Our phone line is open 24/7 for advice on drug related charges.
Call our criminal lawyers now: (03) 9781 4900.