Drug charges range from possessing a small quantity for personal use to large-scale trafficking. The quantity, the drug and the circumstances decide how seriously the court views it.
Key points
- For small personal-use quantities, especially a first offence, a police caution or diversion may be available.
- Possessing a traffickable quantity is prima facie evidence of trafficking, which is a far more serious charge.
- Whether the search was lawful, and whether you knew about and controlled the drugs, are often the key issues.
- Drug convictions can affect visas, travel and employment, so the way the matter is resolved matters.
Common charges
- Possession and use of a drug of dependence
- Cultivation
- Trafficking, including in a commercial or large commercial quantity
- Possessing proceeds of crime or tainted property
Most drug offences are found in the Drugs, Poisons and Controlled Substances Act 1981 (Vic).
How we help
- Test the lawfulness of the search and seizure, and the continuity and analysis of the substance.
- Challenge inferences of trafficking drawn from quantity, packaging, scales or phone messages.
- Seek diversion or a drug-related program for eligible first-time and low-level matters.
- On a plea, present treatment, rehabilitation and personal circumstances persuasively.
Frequently asked questions
Can I avoid a criminal record for possession?
For small, personal-use quantities, especially for a first offence, police may issue a caution or the matter may be suitable for diversion. We can advise on and pursue those options.
What makes it trafficking?
Trafficking includes selling, preparing for sale or possessing for sale. It can also be presumed from possession of a traffickable quantity, which shifts the onus to you to show the drugs were not for sale.
In-depth guides
Drug Trafficking Charges in Victoria
Quantities, court process, penalties and defences in depth.