Author: Kristina Kothrakis
Practice area: drug offences
Kristina is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist with over 18 years of criminal defence experience. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Kristina authored this content and last revised it for accuracy on 7 August 2026.
What is the offence of Use of a Drug of Dependence?
Use of a Drug of Dependence is an offence under section 75 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic). It criminalises the act of consuming, or attempting to consume, a substance that falls within Victoria’s statutory classification of drugs of dependence, unless lawful authority exists.
Key points
- Elements: The substance was a legally defined drug of dependence and the accused used or attempted to use it.
- Prohibited conduct: Personal consumption or attempted consumption without lawful excuse.
The maximum penalty for Use of a Drug of Dependence is 30 penalty units ($6,273.00 as at 2026–27) or 1 year imprisonment, or both.
Common defences may include Authorisation or license; duress; factual dispute; honest and reasonable mistake of belief; wrongful identification; lack of intent or mental impairment.
Have you been accused of Use of a Drug of Dependence? If so, you should contact us to speak with one our lawyers who can help you get a great outcome. In certain circumstances, it is possible to ask the Police to recommend you participate on the Criminal Justice Diversion Program (‘Diversion’). This will mean you can walk away from Court without a finding of guilt being recorded against your name.
Police Interview
We can give you some important information about how to handle the Police interview process. We can advise you of your rights and obligations, so you do not say something you do not have to. We can advise you:
- How to handle the Police interview,
- The consequences of answering questions during interview,
- The consequences of providing information you are not required to.
The starting point is that the Police do not interview you in a search for the truth. They believe you have committed an offence and they are just trying to get admissions or information to prove their belief. Do not be under any misapprehensions, the Police are not on your side.
Make sure you speak with us before you speak with the Police or agree to attend a Police interview.
If you feel that you will become overwhelmed during the Police interview, you should think about having one of our lawyers attend the Police station with you to sit in on the interview.
Pleading Not Guilty
If you decide to plead not guilty to a charge of Use a Drug of Dependence, one of lawyers can advise you about your prospects of a finding of not guilty. We can also prepare a defence strategy for you, which in case of Use a Drug of Dependence, normally requires an expert.
Pleading Guilty
If you decide to plead guilty, it is best to speak with one of our lawyers first because we can speak to Police about recommending you for Diversion. This is a fantastic outcome because a finding of guilt for drug offences can affect your employment.
Our lawyers have enormous experience in dealing with drug charges, particular on Use a Drug of Dependence. We have a long track record of achieving great outcomes.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 75(b) — 43 charges, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 69.8% |
| Fine | 20.9% |
| Other | 7.0% |
| Community Correction Order | 2.3% |
These figures show that there is a substantial likelihood of imprisonment when this offence is dealt with in the higher courts. However, the sentence imposed in any particular case will depend on the specific circumstances, including the nature of the offending and the personal situation of the person charged.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 75 — 88 charges across 88 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 35.2% |
| Community Correction Order | 26.1% |
| Imprisonment | 15.9% |
| Adjourned Undertaking | 14.8% |
| Discharge/Dismissal | 8.0% |
These figures indicate that imprisonment is possible but not the typical outcome, with courts often imposing fines or community-based penalties. The final sentence imposed will depend on the circumstances of the offending, the offender’s history and other factors considered by the court.
Defences
Defences to this charge can be:
- Authorisation or license;
- Duress;
- Factual dispute;
- Honest and reasonable mistake of belief;
- Wrongful identification;
- Lack of intent or mental impairment.
You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
Penalty and sentencing for section 75 of the Drugs, Poisons and Controlled Substances Act 1981
The maximum penalty for Use a Drug of Dependence (s75 of the Drugs, Poisons and Controlled Substances Act 1981) is 30 penalty units ($6,273.00 as at 2026–27) or 1 year imprisonment, or both.
It is unlikely that you will be sentenced to a term of imprisonment for this charge unless the offending breaches a Community Corrections Order or some other form of community based / deferred sentence. However, if you are found guilty of this charge a term of imprisonment is a possibility. It is important that you talk to a lawyer and properly prepare your case.
Elements of the Offence
To prove this charge, the prosecution must show that the accused used or attempted to use a drug of dependence. Two elements must be proven: (1) that the substance in question was a drug of dependence; and (2) that the accused used or attempted to use that substance.
Element 1: The substance in question was a drug of dependence
Section 4 of the Act outlines substances which are said to be a drug of dependence. This includes:
- Any form of the drugs specified in Parts 1 and 3 of Schedule Eleven to the Act, whether natural or synthetic;
- The derivatives and isomers of the drugs specified in Parts 1 and 3 of Schedule Eleven to the Act;
- The salt of the abovementioned drugs, derivatives and isomers;
- Any substances that are included in the classes of drugs specified above; and
- The fresh or dried parts of the plants specified in Part 2 of Schedule Eleven.
View Schedule 11 of the Drugs Act.
Further, unusable portions of a drug (such as the stems, roots and stalks of the cannabis plant) are still considered to be drugs of dependence, so long as they fit within the definition specified by section 4.
Element 2: The accused used or attempted to use a drug of dependence
Evidence such as CCTV, witness statements and admissions can be used to support the claim that a person used a drug of dependence.
An example of when this element of the offence would be made out is if a person makes admissions to using a drug of dependence in a police interview.
Case studies related to the charge of Use of a drug of dependence:
- Trafficking Cannabis and Weapons Possession Charges – CCO
- Family Violence – Accused With Cognitive Disability
