Drug Offences
In Victoria, drug laws are primarily governed by the Drugs, Poisons and Controlled Substances Act 1981 (Vic), which outlines various offences related to the use, possession, manufacturing, and trafficking of drugs. At Rebecca Burdon Legal, we are experienced Melbourne criminal law advocates committed to achieving results. The Act addresses a range of drug offences, including:
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Section 73 – Possession of Drugs: This section criminalises the possession of illicit substances, outlining penalties based on the type and quantity of drugs found in a person’s possession.
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Section 71 – Trafficking Offences: Trafficking offences, including the sale, distribution, or transportation of illicit substances, are primarily covered under Sections 71 and 73 of the Act. Penalties vary depending on the scale of the offence.
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Section 72 – Cultivation of Drugs: Under this section, it is illegal to cultivate drugs such as cannabis or other narcotic plants. Charges can range from small-scale personal cultivation to large-scale operations.
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Section 70 – Manufacturing Drugs: This section criminalises the production or preparation of illicit substances, with severe penalties for those involved in drug manufacturing.
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Section 49 – Drug Driving: Under the Road Safety Act 1986 (Vic), it is an offence to drive while impaired by drugs. Police have the authority to conduct roadside drug tests if they suspect a driver is under the influence. Penalties apply for those who test positive or refuse to comply.
Experienced Criminal Lawyers Defending Your Rights in Drug Offence Cases
If you are facing a drug-related charge or need legal guidance regarding drug offences, our experienced team at Rebecca Burdon Legal & Consulting is here to help. Contact us today to discuss your case and ensure you receive the legal support you deserve.
Possession of Drugs
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Possession of drugs refers to having illegal substances in one’s possession or control. The severity of the charge depends on the type and quantity of the drug involved.
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Possession of Drugs for Personal Use: Possessing small amounts of drugs such as cannabis, ecstasy, or methamphetamine for personal use is a common offence. However, possession of any illicit drug, regardless of quantity, remains illegal under Victorian law.
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Possible Penalties: For a first-time offence, penalties may include a fine, participation in a court diversion program (for low-level offenders), or imprisonment. More serious penalties apply if the quantity of the drug is significant or if the offender has prior convictions. Possession of a commercial quantity of drugs can result in imprisonment for up to two years.
Possession of Drugs with the Intent to Sell or Supply
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Possessing drugs with the intent to sell or supply is a more serious offence than simple possession. This charge applies when an individual is found with drugs intended for distribution or sale, often involving a larger quantity of substances. It is considered an attempt to profit from illegal activity.
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Possible Penalties: This offence carries significant penalties, including imprisonment. The severity of the penalty depends on the type and quantity of the drug. For large quantities, individuals could face up to 25 years in prison for the most serious offences, including drug trafficking.
Drug Trafficking
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Drug trafficking is a serious criminal offence that involves manufacturing, distributing, or selling illegal drugs. Those convicted of trafficking are considered to have played a role in the illicit drug trade, which is one of the most heavily penalised crimes in Victoria.
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Possible Penalties: The severity of penalties depends on the quantity and type of drugs involved. Trafficking in a commercial quantity can result in a maximum penalty of up to 25 years in prison. Even small-scale trafficking can lead to significant prison sentences, with penalties ranging from several years to life imprisonment for large-scale operations or particularly dangerous substances.
Cultivation of Drugs
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Cultivation refers to the growing or production of illicit drugs. This offence commonly applies to drugs such as cannabis but also extends to other controlled substances.
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Possible Penalties: The penalties for cultivation vary based on the scale of the operation. Growing cannabis for personal use may result in a fine or short-term imprisonment. However, large-scale cultivation or the production of significant quantities of drugs can lead to prison sentences of up to 15 years.
Drug Driving
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Driving under the influence of drugs is illegal in Victoria and carries serious consequences. Drug driving occurs when a person operates a vehicle while impaired by drugs, including illicit substances, prescription medication, or over-the-counter drugs that affect their ability to drive safely.
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Possible Penalties: Penalties for drug driving may include fines, licence suspension, and, in more severe cases, imprisonment. Consequences depend on the level of impairment, prior offences, and the severity of the incident. For example, fines can reach up to $1,000, with repeat offenders facing disqualification from driving and possible jail time
Drug Manufacturing
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Drug manufacturing refers to the illegal production of substances, including synthetic drugs and methamphetamine. This offence often involves large-scale operations and is treated with the utmost seriousness by the legal system.
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Possible Penalties: The penalties for drug manufacturing are severe, particularly for large-scale production. Individuals convicted of manufacturing drugs can face up to 25 years in prison, depending on the scale of the operation and the substances involved.
Possession of Drug Paraphernalia
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Possession of drug paraphernalia refers to the possession of items or equipment associated with drug use, such as pipes, syringes, and scales. While this is generally considered a lesser offence than drug possession, it still carries legal consequences.
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Possible Penalties: The penalties for possessing drug paraphernalia vary but typically include fines or a court diversion program, particularly for first-time offenders with no prior criminal history.
Penalties for Drug Offences in Victoria
Penalties vary depending on the type and quantity of the drug, the nature of the offence, and the offender’s criminal history. Depending on the severity of the charge, consequences can range from fines and community orders to lengthy prison sentences.
Common Penalties for Drug Offences
Fines & Diversion Programs
Minor drug offences, such as possessing small amounts for personal use or possessing drug paraphernalia, may result in fines. In some cases, offenders may qualify for a diversion program, which focuses on rehabilitation and counselling instead of criminal penalties.
Imprisonment
Serious offences, including drug trafficking, manufacturing, or possession of large quantities, can lead to significant prison sentences. Trafficking a commercial quantity of drugs carries a maximum sentence of up to 25 years’ imprisonment.
Licence Suspension & Disqualification
For drug driving offences, penalties often include licence suspension or disqualification, fines, and in some cases, imprisonment—especially for repeat offenders.
Community Correction Orders (CCOs)
Some offenders may be sentenced to a Community Correction Order (CCO), which can include conditions such as:
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Drug rehabilitation programs
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Community service
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Regular check-ins with a corrections officer
Reasons Why You Need a Criminal Defence Lawyer Melbourne
Drug offences carry serious legal and personal consequences, potentially affecting employment, travel, and future opportunities. If you or someone you know is facing drug-related charges, seeking experienced legal representation is essential.
You need a specific skill set to navigate the judicial system. Our legal practitioners have the experience and knowledge to assist you through this process from beginning to end because we understand the system.
Having a criminal defence lawyer in Melbourne advocating for you, who has well established professional relationships within the criminal justice system throughout Melbourne metropolitan and regional Victoria will set you up for success.
Our focus is on analysing the evidence and weight of the case against you and considering possible defences. We protect your rights and interests, and provide you with the knowledge and advice you need to get the best outcome. Our lawyers appear in all criminal jurisdictions and courts.
Our legal practitioners offer the personalised attention you deserve. We will use our experience to protect your interests, and advise all our clients of the consequences associated with resolving a matter quickly or pleading guilty to a charge to avoid the stress of going to court. A conviction against you will reflect on your criminal record and may have long-lasting effects. Ultimately, we strive to ensure your future by contesting charges which may result in difficulties down the track like finding a job, travelling abroad and even impacting your migration or visa status.
Assessing Melbourne Criminal Law Firms? Why Choose Us?
Your rights and interests are our priority. Everyone should have access to justice and high-quality legal services. Our Melbourne criminal law firm works hard, advocating in your best interest even when there is a strong prosecution case against you. We work hard to achieve the best possible outcome for you. Reach out to us for a free consultation.
For further information on some of the frequent types of crimes and charges we deal with include:
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Violent crime - offences against the person
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Dishonesty offences - Theft, fraud and Deception
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Property related offences
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Drug related offences
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Sexual offences