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Drug Lawyers Melbourne – Drug Charges (Victorian Law)

Drug-related charges in Victoria generally involve strict legal standards and substantial evidence. From drug cultivation to possession of large commercial quantities, outcomes always depend on how the case is handled. Doogue + George’s drug lawyers’ Melbourne team has a proven track record of delivering strong defence and expert legal representation across Melbourne courts. They can guide you through each step of the legal process with clarity and increase your chances of getting a favourable outcome. 

Charged With a Drug Offence in Victoria? Expert Melbourne Defence Lawyers Can Help

Facing drug charges in Victoria? Worried about your record, job, or even jail time? Getting early legal advice is crucial.

We’re a specialist criminal law firm with extensive experience in all drug offences, from possession to trafficking, and we represent clients in Melbourne courts. Don’t delay – contact us today for expert legal advice and a strong defence.

Call Us for a Free Consultation Today

Types of Drug Offences Under Victorian Law 

Drug offences in Victoria are primarily governed by the Drugs, Poisons and Controlled Substances Act 1981. The severity of the charge and its potential penalties depend heavily on the type and quantity of the drug, as well as the alleged intent (e.g., personal use versus trafficking).

Specific Drug Charges Melbourne 

Quantity or possession doesn’t always define drug charges in Melbourne. Intent and conduct may also influence how your case will be prosecuted in court and what penalties will follow. 

Cultivation of Narcotic Plants – Commercial Quantity

Growing, tending, or harvesting narcotic plants in Victoria where the quantity reaches or exceeds a specified commercial threshold.
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Cultivating narcotic plants in Victoria where the quantity reaches or exceeds a very high, specified “large commercial” threshold, indicating serious large-scale production.
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Growing or tending narcotic plants for personal use, or in quantities below the commercial thresholds.
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Creating, altering, or using a fake or fraudulently changed prescription or order to obtain a drug of dependence in Victoria.
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Unlawfully administering or attempting to administer a drug of dependence into another person’s body.
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Acquiring or attempting to acquire a drug of dependence, or a prescription for one, through deceitful means (e.g., false statements, impersonation).
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Having physical control or custody of a prohibited drug of dependence in Victoria, with knowledge of its presence.
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Unlawfully possessing chemicals specifically identified as being used in the manufacture of illicit drugs, in quantities equal to or exceeding prescribed amounts.
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Possession of a Substance etc., for Trafficking in a Drug of Dependence

Possessing any substance, material, document, or equipment intended for the preparation, cultivation, or manufacture of a drug of dependence for trafficking purposes.
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Unlawfully possessing a tablet press, an item often used in the manufacture of illicit pills, without authorisation or lawful excuse.
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Providing a drug of dependence to a person under 18 years old in Victoria, whether for their own use or to pass on to another.
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Engaging in activities such as preparing, manufacturing, selling, or possessing a drug of dependence for sale.
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Trafficking or attempting to traffic a drug of dependence to a person under 18 years old carries increased penalties.
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Trafficking a drug of dependence in Victoria where the quantity meets or exceeds a specific commercial threshold, indicating a significant supply operation.
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Trafficking a drug of dependence in Victoria, where the quantity meets or exceeds a very high, specified “large commercial” threshold, representing the most serious level of drug supply.
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Introducing a prohibited drug of dependence into one’s own body by any means in Victoria.
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Drug(Large Commercial Quantity)

Quantity
(Large Commercial Quantity)

Quantity of mixture of substance and drug of dependence
(Commercial Quantity)

Quantity
(Commercial Quantity)

Quantity of mixture of substance and drug of dependence
(Automatic Forfeiture Quantity)

Quantity
(Trafficable Quantity)

Quantity of mixture of substance and drug of dependence
(Trafficable Quantity)

Quantity
(Small Quantity)

Quantity of mixture of substance and drug of dependence
Amphetamine750.0g1.0kg100.0g500.0g30.0g3.0g0.75g
Buprenorphine2.0g
Cannabis250kg or 1000 plants25kg or 100 plants250.0g or 10 plants50.0g
Cocaine750.0g1.0kg250.0g500.0g30.0g3.0g1.0g
Diacetylmorphine (Heroin)750.0g1.0kg250.0g500.0g30.0g3.0g1.0g
Ephedrine (when in excess of 10.0g)750.0g100.0g20.0g
Ketamine1.0kg500.0g3.0g
Lysergic Acid Dyethylamide150.0g50.0g1.5g150.0mg20.0mg
Methylamphetamine750.0g1.0kg100.0g500.0g30.0g3.0g0.75g
Methylendedioxy-Amphetamines750.0g1.0kg100.0g500.0g30.0g3.0g0.75g
3,4-Methylendedioxy-Amphetamine (MDA)750.0g1.0kg100.0g500.0g30.0g3.0g0.75g
3,4-Methylendedioxy-N-Methylamphetamine (MDMA)750.0g1.0kg100.0g500.0g30.0g3.0g0.75g
Pseudoephedrine (when in excess of 10.0g)750.0g100.0g20.0g
Tetrahydrocannabinol3.0kg25.0kg1.0kg10.0kg600.0g25.0g1.0g
Anabolic and Androgenic Steroidal Agents, other than in implant preparations for use in animals5.0kg5.0kg300.0g500.0g50.0g

What to Do After a Drug Charge

If you are facing drug-related charges, you need to take quick but careful action. How you approach your case initially can shape the outcome. Avoid speaking to the authorities without consulting a drug offence lawyer. Seeking legal guidance can help you understand the legal process, respond effectively, and build an informed defence strategy. 

Step 1. Don’t Speak to Police Without Legal Advice 

You have the right to remain silent. Do not answer questions or make any statements until you have consulted with a lawyer. Anything you say can be used against you. Book a confidential consultation with our drug offence lawyer for expert legal advice.

Step 2. Get a Lawyer Experienced in Drug Cases

Immediately seek legal representation from a lawyer specialising in Victorian drug offences who understands the complexities of these laws and the local court system.

Step 3. Collect All Paperwork

Gather any documents provided by the police, such as the brief of evidence, charge sheets, bail papers, and any records of police interviews.

Step 4. Consider Rehab or Support Letters

If drug use contributed to the alleged offence, actively engaging in rehabilitation programs or seeking counselling can demonstrate a commitment to addressing the issue and may be viewed favourably by the court. Obtain letters of support from family, employers, or community members.

Step 5. Understand Your Legal Options

Your lawyer will explain potential avenues like a diversion program (for minor, often first-time offences, avoiding a criminal record), advocating for no conviction recorded (still a finding of guilt, but without a formal conviction), or strategies to achieve a reduction in charges or penalties.

Speak With a Drug Offence Lawyer Now

Why Choose Doogue + George for Drug Defence

When you’re facing a drug charge, you need more than just legal representation — you need experience, strategy, and support. 

Here’s why individuals across Melbourne and Sydney trust Doogue + George with their defence:

  • 47,000+ criminal cases defended
    We’ve successfully handled tens of thousands of criminal matters, including a wide range of drug offences. That experience means we know what works in court, how prosecutors operate, and how to guide you towards the best possible result.
  • LIV-accredited criminal lawyers
    Our team includes lawyers accredited by the Law Institute of Victoria for their specialist expertise in criminal law. This recognition reflects not only our knowledge but also our commitment to ethical, high-quality legal practice.
  • Proven results: diversions and reduced charges
    We’re known for securing outcomes that protect our clients’ futures — from police and court diversions that avoid a criminal record to having serious charges withdrawn or downgraded. Every case is approached with a clear strategy tailored to your circumstances.
  • Trauma-informed support for vulnerable clients
    We understand that drug charges often involve broader issues like addiction, mental health, or crisis. Our team takes a trauma-informed approach, ensuring clients feel respected, heard, and supported throughout the process.
  • Offices across Melbourne and Sydney
    With multiple office locations, it’s easy to meet with us in person, quickly and discreetly. Wherever you are in Melbourne or Sydney, we’re close by and ready to help.

Client Testimonials & Awards

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Latest Drugs Case Studies

Drug Trafficking in Sunshine – Community Correction Order

This is a case study on drug trafficking in Sunshine resulting in a sentence of a Community Correction Order. What is alleged to have occurred? Our client was facing two charges of trafficking drugs of dependence, one charge of supplying schedule 4 poisons and various charges relating to using and …

Bail Application for Commercial Trafficking of Drugs of Dependence

This is a case study about a bail application for a client charged with trafficking in a commercial quantity of drugs of dependence. Our client had previously been refused bail. Our lawyers then represented our client for another bail application which ultimately led to a successful outcome. What is alleged …

Multiple Driving Charges – Fine, Licence Disqualified

This is a case study involving multiple driving charges and other offences. What is alleged to have occurred? Our client was charged with numerous offences ranging from drugs, weapons, assault, and multiple traffic violations. These charges predated our client’s first court appearance for a drug offending and no other offences …

Will I Go to Gaol for a Drug Charge?

It depends on the type of charge and your circumstances. In Victoria, serious offences like drug trafficking or possessing a commercial quantity can carry significant jail time, especially if aggravating factors are present.

However, first-time offences involving possession for personal use are often treated less severely. Many of our clients in this position are eligible for diversion programs or non-conviction outcomes, which means they can avoid a criminal record altogether.

Ultimately, the outcome depends on the strategy your lawyer takes, the strength of the evidence, and your personal background. The sooner you get legal advice, the more options you may have for avoiding harsh penalties — including jail.

Possible Defences to Drug Charges

Every drug charge is different, and so is the defence. Depending on your circumstances, one or more of the following strategies may apply:

You Didn’t Know the Drugs Were There

A common defence is that the drugs weren’t yours, and you had no knowledge they were present. The prosecution must prove you were aware of and had control over the drugs, which is not always straightforward.

The Search Was Unlawful

If police searched you, your vehicle, or your property without proper legal authority, any evidence they found could be ruled inadmissible. Challenging an unlawful search can sometimes lead to the case being withdrawn.

The Drugs Were for Personal Use

Possession with intent to traffic is treated much more seriously than possession for personal use. If the drugs were genuinely for your own use, we can argue for lesser charges and often diversion or a non-conviction outcome.

The Quantity Doesn’t Prove Trafficking

Police often rely on drug weight to infer trafficking, but small quantities don’t necessarily indicate intent to sell. We may be able to challenge the classification and reduce the severity of the charge.

You Have Personal or Medical Factors

Mental health issues, addiction, or other personal challenges can play a critical role in how your case is handled. When these factors are properly raised and supported, they can lead to more compassionate outcomes from the court.

Penalties & Victorian Court Jurisdiction for Drug Offences

Drug-related offences proceed through the Magistrates Court or higher courts. Penalties usually vary by the type, prior history, and scale of the operation. 

For example, under the Drugs, Poisons and Controlled Substances Act 1981, section 71, penalties for trafficking in a drug or drugs of dependence (large commercial quantity) can range between level 1 imprisonment and a maximum of 5000 penalty units. In contrast, penalties for forging prescriptions and orders for drugs of dependence under section 77 of the same act are 20 penalty units, or level 8 imprisonment (1 year maximum), or both. 

It’s important to consult qualified criminal defence lawyers in Melbourne to understand the legalities of drug-related charges and prepare a strong defence.

Find a Drug Defence Lawyer Near You

With offices conveniently located across Melbourne and Sydney, expert legal support for your drug charge is always within reach. Find the Doogue + George location closest to you:

Meet Our Drug Offence Lawyers

DIRECTOR | ACCREDITED CRIMINAL LAW SPECIALIST

Get Legal Help Today

If you’ve been charged with a drug offence, the next steps you take matter. Speak with one of our drug offence lawyers in Melbourne to understand your options and build a clear path forward. 

Your case deserves more than guesswork or generic advice — it deserves experienced, strategic support. We’re here to help, confidentially and without judgement.

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FAQs About Drug Charges in Victoria

What are the penalties for drug possession in Victoria?
Penalties for drug possession in Victoria vary significantly; while small quantities for personal use might result in a fine or up to one year of imprisonment, possessing larger quantities, especially those indicating an intent to traffic, can lead to severe penalties, including 25 years' imprisonment or even life imprisonment, depending on the type and amount of the drug.
Yes, it may be possible to avoid a criminal conviction for drug charges in Victoria through options like diversion programs for minor offences or by demonstrating successful rehabilitation.
“Trafficking quantity” in Victoria refers to specific weight or number thresholds for different drugs, as outlined in the Drugs, Poisons and Controlled Substances Act 1981, which, if met or exceeded, elevate a possession charge to a more serious trafficking offence.
While not legally mandatory for every minor charge, consulting with an experienced drug defence lawyer in Victoria is highly recommended to understand your rights, explore all options, and aim for the best possible outcome.
“Use” of a drug in Victoria refers to introducing a drug into your body, while “possession” means having physical control or custody of a drug, even if you are not actively using it.