This article will provide an overview of the different types of drug offences in Victoria, the associated penalties, and the court process for drug-related cases
Victoria, Australia has strict laws regarding the possession, use, and distribution of illegal drugs. The Drugs, Poisons and Controlled Substances Act 1981 (Vic) is the primary legislation governing drug offences in Victoria. This act categorizes drugs into three schedules and outlines the offences and penalties associated with each.
Types of drug offences
Possession of a drug
Possession of a drug of dependence without a valid prescription or authorization is illegal. This includes physically carrying the drug on your person or having it stored somewhere that you have control over, such as your home or car.
Use of drugs
It is illegal to use or be under the influence of, a drug of dependence without a valid prescription or authorization.
Drugs trafficking
Trafficking involves the cultivation, manufacture, sale, or distribution of a drug of dependence. This can include selling a small amount of drugs to a friend, as well as larger-scale operations.
Drug cultivations
It is illegal to grow a drug of dependence, such as cannabis, without a valid license.
Drug manufacture
It is illegal to manufacture a drug of dependence without a valid license.
Penalties for drug offences in Victoria
The penalties for drug offences in Victoria vary depending on the type and quantity of the drug involved, as well as the nature of the offence. The maximum penalties for some common drug offences are as follows:
Possession of drugs penalties
Possession of a small quantity of a drug of dependence for personal use is a summary offence and carries a maximum penalty of a fine or imprisonment for up to one year. Possession of a larger quantity, or possession with the intent to sell or supply, is an indictable offence and carries a maximum penalty of imprisonment for up to 15 years.
Using drugs penalties
Using a drug of dependence carries a maximum penalty of a fine or imprisonment for up to one year.
Trafficking of drugs penalties
Trafficking a small quantity of a drug of dependence carries a maximum penalty of imprisonment for up to 15 years. Trafficking in a large commercial quantity carries a maximum penalty of life imprisonment.
Cultivation of drug penalties
Cultivating a small number of cannabis plants for personal use is a summary offence and carries a maximum penalty of a fine or imprisonment for up to one year. Cultivating a larger quantity, or cultivating with the intent to sell or supply, is an indictable offence and carries a maximum penalty of imprisonment for up to 15 years.
Manufacturing of drug penalties
Manufacturing a drug of dependence carries a maximum penalty of imprisonment for up to 25 years.
Court Process
The court process for drug offences in Victoria typically involves several stages:
Charge and Summons
The accused is charged with the offence and issued with a summons to appear in court.
First court appearance
At the first court appearance, the accused is formally charged and asked to enter a plea of guilty or not guilty.
Committal hearing
If the accused pleads not guilty, a committal hearing is held to determine whether there is enough evidence for the matter to proceed to trial.
Trial
At the trial, the prosecution and defence present their cases, and the judge or jury delivers a verdict.
Sentencing
If the accused is found guilty, a sentencing hearing is held to determine the appropriate penalty.
Conclusion
Drug offences in Victoria carry severe penalties, and it is crucial to be aware of the laws and consequences associated with drug use, possession, trafficking, cultivation, and manufacture. If you are facing charges for a drug offence, it is essential to seek legal advice as soon as possible to understand your rights and options.
