Steroids Use and Steroids Possession

The Section and the Act

Steroid possession and use are prosecuted under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). It is primarily dealt under two sections:

• Section 73 – Possession of a drug of dependence
• Section 75 – Using a drug of dependence

Anabolic and androgenic steroids are drugs of dependence for the purposes of the Act because they are listed in Schedule Eleven, which has also been referred to under the definition of “drug of dependence” in section 4.

Maximum Penalty

Possession (s 73)

• Not for a purpose relating to trafficking – the court must be satisfied of this on the balance of probabilities. Maximum penalty: 30 penalty units or level 8 imprisonment (1 year), or both
• For any other case – maximum penalty: 400 penalty units ($83,640) or level 6 imprisonment (5 years), or both

Use (s 75)

Maximum penalty: 30 penalty units ($6,273) or level 8 imprisonment (1 year), or both

These figures use the penalty unit value current from 1 July 2026 ($209.10). The dollar figure will change each year in line with the government’s annual penalty unit adjustment.

Elements of the Offence

For Possession (s 73), the prosecution must prove, beyond reasonable doubt that:

1. The accused had a substance in their possession (as defined in s 5, which extends to actual physical custody, joint possession, and constructive possession where the accused has control over the item without necessarily having it on their person)
2. The substance was a drug of dependence, here, an anabolic or androgenic steroid listed in Schedule Eleven
3. The accused knew they were in possession of the substance (though not necessarily that it was a prohibited drug specifically)

Where the trafficking-related penalty is sought, it is the defence that carries the onus of showing, on the balance of probabilities, that the possession was not for a purpose relating to trafficking, this shifts the usual criminal onus and is a distinguishing feature of this offence.

For Use (s 75), the prosecution must prove, beyond reasonable doubt that:

1. The accused used a substance
2. The substance was a drug of dependence
3. The accused knew, or was reckless as to whether, the substance they used was a prohibited drug

Defences

Depending on the facts of the case, a number of defences may be available, including:

• Authorisation or licence – It can be stated that the steroids were lawfully prescribed or supplied, for example under a legitimate medical prescription
• Factual dispute – It can be used to challenge whether the accused actually possessed or used the substance, or whether the substance was in fact a steroid captured by Schedule Eleven
• Honest and reasonable mistake of belief – It can be claimed for example where a doubt can be created as to what the substance was
• Wrongful identification – This defence can be used to dispute that the accused was the person who possessed or used the substance
• Lack of knowledge – A defence can be raised on the fact that the accused did not know they had the substance (for example, where it belonged to someone else and was found in a shared space)
• Mental impairment – It can be argued that at the time of offence, the accused was suffering from a mental impairment.
• Duress – It can be claimed that the accused possessed or used the drug because they were threatened with serious harm and had no reasonable way to avoid that threat.

For possession charges attracting that carry the tougher trafficking-related penalty, the primary burden is to prove whether the drugs were used for the trafficking purpose itself. Once the amount found meets the trafficking threshold, the law takes the assumption that trafficking was the purpose.

Which Court Hears This Matter

Both possession and use charges under ss 73 and 75 are summary offences and are heard in the Magistrates’ Court. Where the trafficking-related penalty applies to a possession charge, the substantially higher maximum (400 penalty units or 5 years) does not change the fact this remains a summary matter, it is not elevated to the County Court.

SAC Statistics

The Sentencing Advisory Council’s SACStat database allows querying of Magistrates’ Court outcomes for s 73 (possession) and s 75 (use) matters generally, though as with trafficking, its published data is not broken down by individual drug type such as steroids specifically. Possession and use matters resolved in the Magistrates’ Court are overwhelmingly dealt with by way of fine, diversion, or non-custodial orders, with imprisonment being uncommon for simple possession or use absent aggravating factors such as extensive prior history.

Frequently Asked Questions