Drug offences in Victoria are serious legal matters governed by the Drugs, Poisons and Controlled Substances Act 1981 (Vic). Offences range from minor possession to large-scale drug trafficking, each carrying different penalties depending on the quantity and type of substance involved. Whether you are facing charges for drug possession, trafficking, cultivation, or drug driving, understanding the law is crucial in mounting a strong legal defence.
At Rebecca Burdon Legal, our experienced criminal lawyers in Melbourne are committed to protecting your rights and ensuring the best possible outcome in drug-related cases. If you need an expert criminal lawyer, we provide expert legal support tailored to your situation.
Drug Possession Charges in Victoria
Possession of illegal substances is one of the most common drug-related offences in Victoria. Under Section 73 of the Act, it is a criminal offence to knowingly have a controlled substance in your possession, whether on your person, in your home, or in a vehicle.
What Constitutes Drug Possession?
To be convicted of drug possession, the prosecution must prove:
The substance was in your custody or control.
You were aware of the presence of the drug.
The substance in question is classified as illegal under Victorian law.
This means that even if a drug is found in a shared home or vehicle, you may still be charged if the prosecution can establish that you have knowledge and control over it.
Possible Penalties for Drug Possession
Penalties for drug possession depend on various factors, including whether it was for personal use or with intent to distribute.
Minor possession (personal use): Fines or court diversion programs (first-time offenders).
Possession of large quantities: Can lead to up to two years’ imprisonment.
Commercial quantities: Harsher penalties, potentially up to five years in prison.
Those caught with drug-related paraphernalia, such as syringes or scales, may also face additional charges under Section 80 of the Act.
Drug Trafficking and Distribution Laws
Drug trafficking is a far more serious offence than simple possession and carries significant legal consequences. Under Section 71 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), drug trafficking includes selling, preparing, transporting, or distributing illicit substances.
What Constitutes Drug Trafficking?
A person can be charged with drug trafficking if they:
Are caught with a large quantity of drugs (above the legal threshold).
Are found with packaged substances, cash, or drug-related paraphernalia, indicating intent to sell.
Are involved in manufacturing, importing, or exporting drugs.
Even without physical evidence of a transaction, possession of large quantities of a drug may be enough to warrant a trafficking charge under Victorian law.
Penalties for Drug Trafficking
Drug trafficking penalties in Victoria depend on the amount of drugs found in a person’s possession and their role in the offence.
Trafficking in small quantities: Up to 15 years’ imprisonment and substantial fines.
Trafficking commercial quantities: Maximum sentence of 25 years in prison.
Aggravating factors (e.g., selling to minors, organised crime involvement): May result in a life sentence.
Drug trafficking charges are among the most heavily prosecuted crimes in Victoria due to their impact on public safety. If you are facing such charges, seeking immediate legal representation is essential. A criminal lawyer in Melbourne with experience in drug offences can assess your case and explore potential defences.
Defences Against Drug Trafficking Charges
There are several potential legal defences to fight a drug trafficking charge, including:
Lack of intent: Proving you had no intention to sell or distribute the drugs.
Unlawful search and seizure: Challenging evidence obtained through illegal police procedures.
Mistaken identity: If the drugs belonged to someone else.
Drug Cultivation and Manufacturing Laws
Cultivating or manufacturing illegal substances is a serious criminal offence under Section 72 and Section 70 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic). These laws cover everything from growing cannabis plants to operating large-scale methamphetamine labs.
What Constitutes Drug Cultivation?
Drug cultivation involves growing, nurturing, or producing illegal plants or substances. Examples include:
Growing cannabis plants, regardless of the quantity.
Using hydroponic systems or grow lights to cultivate drugs.
Harvesting or processing plant material for distribution.
Even small-scale cultivation for personal use remains an offence, although courts may impose fines or community orders rather than custodial sentences in low-level cases.
What Constitutes Drug Manufacturing?
Manufacturing drugs involves mixing, producing, or refining illegal substances. This includes:
Operating drug labs to produce synthetic substances like MDMA, methamphetamine, or LSD.
Possessing precursor chemicals used in drug production.
Providing materials or expertise to facilitate drug manufacturing.
Unlike drug cultivation, which sometimes carries leniency for personal use, drug manufacturing almost always results in severe penalties due to the risk posed to public safety.
Penalties for Drug Cultivation and Manufacturing
Victorian courts impose harsh penalties on individuals convicted of cultivating or manufacturing illegal drugs. Some common sentences include:
Cultivation of small amounts (personal use): Fines or Community Correction Orders (CCOs).
Cultivation of large amounts (intended for sale): Up to 15 years’ imprisonment.
Drug manufacturing (any scale): Up to 25 years in prison, especially for commercial production.
Defences Against Cultivation and Manufacturing Charges
Potential legal defences include:
Lack of knowledge – If you were unaware of the plants or substances (difficult to establish in most cases).
Illegal search and seizure – Challenging how the police obtained evidence.
Mistaken identity – If you were falsely accused or linked to a third party’s actions.
Your Future Matters – Get Expert Legal Support Today
If you are facing drug-related charges in Victoria, acting quickly is crucial. Whether you need an intervention order lawyer, a traffic lawyer in Melbourne, or the best criminal lawyers in Melbourne, Rebecca Burdon Legal is here to defend your rights. Contact us today for expert legal advice and representation.
Comments