Steroid trafficking charges in Victoria carry the same maximum penalties as trafficking any other drug of dependence, and they arise in contexts that can look quite different from other drug matters. Anabolic and androgenic steroids are drugs of dependence under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) by virtue of their listing in Schedule Eleven, and trafficking them without authorisation is a criminal offence regardless of whether the context involves large-scale commercial supply, gym-level distribution, or something in between.
Anabolic-androgenic steroids are synthetic drugs that mimic the effects of testosterone. They can be lawfully prescribed by a doctor to treat conditions including hormonal deficiencies, delayed puberty, muscle loss caused by cancer or HIV, and certain types of breast cancer and anaemia. That legitimate medical context is what makes steroid matters distinctive compared to other drug trafficking charges. Questions about whether a prescription or authorisation provides a defence arise more frequently here than with drugs that have no lawful use. It is also important to understand that an authorisation to possess steroids for personal medical use under a prescription is not the same as an authorisation to supply. Steroids are also widely used for performance and image enhancement outside any medical context, and it is this non-medical use without a prescription that generates criminal liability.
How the Charges Are Graded
The applicable charge depends on the quantity involved and, in some circumstances, to whom the trafficking is alleged to have occurred.
Base trafficking under section 71AC carries a maximum of 15 years imprisonment. Where the trafficking occurred at a school or in a public place within 500 metres of a school, that maximum rises to 20 years. Trafficking to a child under section 71AB carries a maximum of 20 years, rising to 25 years if it occurred at or near a school.
At commercial quantity, section 71AA applies with a maximum of 25 years imprisonment. The commercial quantity threshold for anabolic and androgenic steroids under Schedule Eleven is 5 kg. The traffickable quantity is 500 g, and possession of that amount gives rise to a presumption of trafficking that the accused must displace on the balance of probabilities. At large commercial quantity, section 71 applies with a maximum of life imprisonment and a fine of up to 5,000 penalty units.
Commercial and large commercial quantity matters are indictable offences heard in the County Court, and both carry a presumption against bail. Base trafficking may in some circumstances be dealt with summarily in the Magistrates’ Court depending on the nature of the allegation and whether the accused elects or consents to summary jurisdiction.
Why Steroid Trafficking Charges Are Different
Steroid trafficking matters frequently arise in contexts that are less straightforward than other drug trafficking cases. Someone who has been supplying fellow gym members, holding stock purchased online, or acting as an intermediary in a chain involving imported products may not appreciate the seriousness of their legal exposure. The relatively high commercial quantity threshold of 5 kg means a greater quantity can be involved before the most serious charge applies, but the base trafficking charge under section 71AC still carries a 15-year maximum and is not a minor matter.
What someone says to police before obtaining legal advice, and how the initial quantity allegations are framed, can have a significant bearing on which charge is ultimately laid and how the matter proceeds. Early legal advice is critical.
Steroid Trafficking Charges — Further Information
- Trafficking in a Drug of Dependence
- Trafficking in a Drug of Dependence to a Child
- Trafficking in a Drug of Dependence — Commercial Quantity
- Trafficking in a Drug of Dependence — Large Commercial Quantity
If you have been charged with a steroid trafficking charge, contact Doogue + George Criminal Defence Lawyers on 03 9670 5111.
