Drug Trafficking Charges in Victoria

Written by Justin Chua, Principal Solicitor, Chua Tan Associates. Last reviewed 5 October 2026. General information about Victorian law, not legal advice.

Drug trafficking is one of the most serious charges a Victorian court deals with. How it is treated depends mainly on the drug, the quantity, your alleged role and whether the prosecution can actually prove you knew about and controlled the drugs.

What counts as trafficking

Under the Drugs, Poisons and Controlled Substances Act 1981 (Vic), trafficking is much wider than selling. It includes preparing a drug of dependence for trafficking, manufacturing it, and selling, exchanging, agreeing to sell, offering for sale or having it in your possession for sale.

Possessing a traffickable quantity is prima facie evidence of trafficking (section 73(2)). The prosecution must still prove trafficking beyond reasonable doubt, but the quantity alone can be enough unless other evidence, such as evidence of personal use, raises a doubt. Whether you possessed the drugs at all is a separate question.

The trafficking offences and maximum penalties

• Trafficking (s 71AC): up to 15 years’ imprisonment.
• Trafficking to a child (s 71AB): up to 20 years, or 25 years at or near a school.
• Trafficking a commercial quantity (s 71AA): up to 25 years. This is a category 2 offence, which means for an adult offender the court must impose a custodial order unless one of the limited statutory exceptions applies.
• Trafficking a large commercial quantity (s 71): up to life imprisonment and a fine of up to 5,000 penalty units. This is a category 1 offence, so for an adult offender a custodial order is required, and it carries a standard sentence of 16 years.

The quantity thresholds for each drug are set out in Schedule 11 of the Act and are measured by the weight of the mixture, not just the pure drug (for cannabis, thresholds are set by weight and by number of plants). Importing drugs or dealing in border-controlled drugs is charged under the Commonwealth Criminal Code and prosecuted by the Commonwealth Director of Public Prosecutions.

What happens in court, step by step

1. Arrest, search and interview. Police may seize phones, cash and scales. You have the right to speak to a lawyer and to decline to answer questions. Get advice before any interview.
2. Bail. For commercial quantities the tests for bail are stricter, so the application needs to be prepared carefully. See Bail Applications.
3. First mention in the Magistrates’ Court. All charges start here. Lower-level trafficking can stay in the Magistrates’ Court if the magistrate considers it suitable and you consent; commercial and large commercial matters go up to the County Court.
4. Brief of evidence. Police serve the evidence: certificates of analysis, phone downloads, surveillance and statements. This is where the strengths and weaknesses of the case become clear.
5. Negotiation. Charges, quantities and the summary of facts can often be negotiated with the prosecution.
6. Committal (for County Court matters). A committal mention, and sometimes cross-examination of key witnesses.
7. Plea or trial. If you plead guilty, the plea hearing presents your circumstances, treatment and rehabilitation. If you contest, the case goes to trial before a jury.

Penalties and realistic outcomes

Courts look at the type and amount of drug, the level of commerciality and profit, your role (a courier or user-dealer is treated differently from an organiser), your prior history, your prospects of rehabilitation and whether you pleaded guilty early.

• Lower-level trafficking linked to personal drug use can result in a community correction order with treatment conditions.
• Where drug dependence drove the offending, the Drug Court may impose a drug and alcohol treatment order instead of a term served in prison, if you are eligible.
• Commercial-quantity matters almost always result in imprisonment; the length depends heavily on role and quantity.
• In the Magistrates’ Court the maximum is 2 years’ imprisonment for one offence and 5 years in total.

For context, the Sentencing Advisory Council reported that of 243 people sentenced in the higher courts for trafficking a commercial quantity from 2018-19 to 2022-23, 95.9% received an immediate custodial sentence, and the median total effective sentence was 4 years and 9 months (Sentencing Snapshot 291, October 2024). For a large commercial quantity, all 94 people sentenced received a custodial sentence, with a median total effective sentence of 10 years and 8 months (Snapshot 292). Those figures include every kind of case, and the facts of your own case matter far more.

There are also consequences beyond the sentence. Cash, cars and property can be restrained and forfeited under the Confiscation Act 1997 (Vic), in some cases automatically on conviction, and Victoria also has a civil forfeiture scheme that can apply without a conviction. A sentence of imprisonment of 12 months or more (including sentences added together) can trigger visa cancellation under the character test in the Migration Act 1958 (Cth), and other convictions can still affect a visa.

How we examine a trafficking case

• Whether the search and seizure were lawful, and whether evidence could be excluded.
• Possession and knowledge, which are often genuinely in issue in shared houses, apartments and cars.
• The analysis, weight and purity of the substance, and whether quantities have been correctly combined.
• What the phone messages actually show, as opposed to what police say they show.
• Your true role, which has a large effect on sentence even if you plead guilty.

Frequently asked questions

Can I be charged with trafficking if I never sold anything?

Yes. Having drugs in your possession for sale is trafficking, and possessing a traffickable quantity is prima facie evidence of trafficking. Whether the drugs were really for sale is often the central issue.

Will I go to prison for drug trafficking?

Not necessarily for lower-level trafficking, where community correction orders and treatment-based orders are possible. For a commercial quantity, a custodial order is required unless a limited statutory exception applies. For a large commercial quantity, a custodial order is mandatory for adult offenders.

What if the drugs were found in a shared house or car?

The prosecution must prove you knew the drugs were there and had control of them. Where several people had access, that can be difficult to prove.

Should I answer police questions?

You have the right to remain silent. Speak to a lawyer before any interview, as what you say can be used as evidence.

Can police take my money and property?

Yes. Under the Confiscation Act 1997 (Vic) property can be restrained and forfeited, usually after conviction but in some cases without one. It is important to deal with any restraining order early.

Penalties and procedures on this page reflect Victorian and Commonwealth law as at the review date shown above. Maximum penalties are rarely imposed; the sentence in any case depends on its own facts.