Updated April 17, 2026
Possession of drugs in Victoria can be a confronting experience. Be it cannabis, methamphetamine, heroin, or a prescription drug held without authority, the penalties can follow you for many years. Even a small quantity of an illegal drug may result in criminal records, fines, or imprisonment, depending on the circumstances of the offence.
It is important to know the penalties that Victorian law provides for drug possession if you or someone close to you is facing drug charges. This guide covers the relevant legislation, types of prohibited drugs involved, current penalties for 2025–26, drug court and diversion programmes, and the court process.
Under Victorian law, possession of illegal drugs is a serious offence. The legislation sets out what constitutes possession, which prohibited drugs are covered, and which courts handle drug-related offences.
Drug possession refers to having physical custody or control of a prohibited drug or a controlled drug. If illegal drugs are discovered in your vehicle, home, or on premises you control, the prosecution may rely on deeming provisions. Joint possession can also result in drug charges.
The Drugs, Poisons and Controlled Substances Act 1981 (Vic), known as the DPCS Act, is the governing legislation for drug offences in Victoria. Section 73 criminalises the possession of a prohibited drug of dependence. The Act sets out quantity thresholds (small, traffickable, commercial, and large commercial quantities) and provides the maximum penalty for each category of drug offending.
The Magistrates’ Court hears most drug possession charges. More serious drug offences involving commercial quantities of a prohibited drug may be referred to the County Court or Supreme Court. Drug court programmes may also apply to certain drug-related offences.
Not all drug offences attract the same penalties. The type of prohibited drug involved is a major factor in how the matter is assessed. Victorian law covers prohibited drugs, prescription drugs, and controlled drugs.
A prohibited drug is a substance that is illegal to possess under any circumstances. Common prohibited drugs in Victorian courts include:
The DPCS Act criminalises possession of any prohibited drug, irrespective of the quantity. Cannabis remains the most commonly encountered prohibited drug in Victorian drug possession matters.
It is also an offence to possess certain scheduled medications without a valid prescription. Oxycodone, morphine, and dexamphetamine are Schedule 8 controlled drugs. Possessing these illegal drugs without authorisation attracts the same penalties as possession of a prohibited drug such as cannabis or heroin.
Controlled plants, including cannabis plants, are also covered. Cultivating even a small number of prohibited plants can attract penalties depending on the quantity and whether there is evidence of drug trafficking or deemed supply.
The penalties for drug possession are determined by the type of prohibited drug, the quantity involved, previous criminal history, and the circumstances of the offence. Below is a summary of maximum penalties under the DPCS Act for 2025–26.
| Penalty Type | Maximum Penalty |
| Imprisonment | Up to 2 years |
| Fine | Up to 240 penalty units |
| Monetary value of fine (2025–26) | Approximately $48,842 |
| Combined sentence | Imprisonment and fine together |
Note: One penalty unit equals $203.51 for the 2025–26 financial year, up from $197.59 in 2024–25.
Where a small quantity is involved, the court may impose a fine rather than custodial penalties. For possession of a small quantity of cannabis (50 grams or less) that is not related to trafficking, the maximum penalty is a fine of 5 penalty units (approximately $1,018). For possession of any other prohibited drug where the court is satisfied the offence was not related to trafficking, the maximum is 30 penalty units or 1 year imprisonment.
A finding of guilt can result in a criminal conviction, which may affect employment, overseas travel, and eligibility for certain licences. For first-time offenders, the court can impose an adjourned undertaking or section 76 bond without recording a conviction, avoiding the penalties of a permanent criminal record.
Although simple possession of a small quantity is not commonly punished with imprisonment, penalties escalate with repeat offences. Larger quantities attract a severe penalty, including years of imprisonment, especially where there is evidence of drug trafficking or carrying drugs for commercial purposes. Penalties of up to 25 years imprisonment apply to trafficking in large commercial quantities.
Victoria acknowledges that drug misuse is often linked to underlying health issues. The state offers diversion programmes that redirect people charged with minor drug offences into treatment, providing an alternative to the penalties of the court system.
The two main diversion pathways are:
Eligibility for the drug court or diversion programme depends on a number of factors:
Victoria does not impose strict restrictions on past drug offending history for diversion. However, criminal history may influence whether the police or the magistrate supports the application.
Completing a diversion programme means:
No two drug possession cases are the same. Courts weigh several factors when determining penalties.
Victorian law distinguishes between small quantities, traffickable quantities, commercial quantities, and large commercial quantities of a prohibited drug. Small quantity possession attracts lighter penalties, while larger amounts can elevate the matter to a higher court, with penalties up to life imprisonment for large commercial quantity drug trafficking.
A person with no prior drug offences is more likely to receive non-custodial penalties such as a fine, community service, or a Community Correction Order (CCO). Repeat offenders face higher penalties and reduced access to diversion.
Courts consider the personal circumstances of the accused, including whether the alleged offence was committed under duress and whether drug paraphernalia suggests personal use rather than trafficking. The penalties imposed may also depend on how the prohibited drug was discovered, such as during a search warrant.
Understanding the court process can help reduce uncertainty if you are facing drug charges. Here is how a typical matter proceeds.
Drug possession cases are generally initiated when a police officer locates a prohibited drug during a search. You may be arrested or issued a summons. Police may also lay other offences such as drug use, possession of equipment, or drug trafficking if the circumstances warrant it.
Your first court hearing will be at the Magistrates’ Court, where you will be asked whether you wish to plead guilty or not guilty. If diversion has been recommended, this will also be raised. Legal advice at this stage is critical.
If you plead guilty or are found guilty, the magistrate will consider relevant factors before imposing penalties. Options include:
The prosecution must prove each element of the offence beyond a reasonable doubt. If there is a dispute about possession of the prohibited drug, your criminal defence lawyer can challenge the evidence.
Drug charges carry consequences beyond the courtroom, including limited career options and restricted international travel. Not every charge results in imprisonment. With the right legal advice, many people receive community service or other non-custodial penalties that allow them to move forward.
If you are facing drug charges in Victoria, our criminal defence lawyers can provide clear, practical legal advice. Our team can assist you with:
Early legal advice makes a real difference. Contact our office to discuss your matter in confidence.
Yes. Possessing a prohibited drug of dependence is an offence under section 73 of the DPCS Act. This applies to all illegal drugs, including cannabis, heroin, cocaine, and methamphetamine, as well as prescription drugs held without a valid prescription.
Yes. The maximum penalty includes up to 2 years imprisonment for matters heard in the Magistrates’ Court. First-time offenders possessing a small quantity of cannabis or another prohibited drug are less likely to face imprisonment, but it remains possible.
First-time offenders may be eligible for a police caution, the Criminal Justice Diversion Programme, or — if the matter proceeds to court — an adjourned undertaking without conviction under the Sentencing Act 1991 or a section 76 bond under the DPCS Act. In each case, the charge can be resolved without a permanent criminal conviction. The penalties and outcome depend on the type of prohibited drug, police consent, and the magistrate’s discretion.
Not necessarily. If you complete a diversion programme or receive an adjourned undertaking without conviction, no criminal record will be recorded. If you plead guilty or are found guilty, a conviction will appear on your criminal record.
Legal advice is strongly recommended. A criminal defence lawyer can help you understand the charges, explore options to reduce penalties or avoid a conviction, and present your case effectively. Early involvement often leads to better outcomes where diversion is being sought.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
