Transcript
You might have heard of synthetic drugs or so-called ‘legal highs’. But are they actually legal in Victoria?
In Victoria, new psychoactive substances are banned if they’re designed to mimic the effects of illegal drugs. This includes things like synthetic cannabis or other chemical substances marketed as ‘legal’. The law moves quickly — as soon as a new drug appears, it can be added to the banned list. Possessing, selling, or making these drugs is a criminal offence. Many people are caught out thinking that something is legal because it’s new, when in fact it’s already banned.
This is general information only. If you’re charged with drug offences, including new psychoactive substances, get legal advice immediately.
Understanding “Legal Highs” and Psychoactive Substances in Victoria
People often assume a substance is lawful because sellers offer it openly or describe it as a “legal high.” In Victoria, that assumption can lead to serious criminal consequences. This video explains how Victorian law regulates psychoactive substances and why novelty offers no protection. It also explains how police investigate these matters, which types of conduct attract criminal liability, and why early legal advice matters when police seize a substance.
Why “Legal Highs” Can Still Lead to Criminal Charges
Under Victorian law, substances described as “legal highs” occupy a legally risky space. The label suggests safety and legality, yet the law treats these products with caution and scepticism. Instead of relying on names or novelty, Victorian legislation examines what the substance does and how people deal with it. This structure allows the law to respond to emerging substances without relying solely on constantly updated drug lists.
The Legal Framework Governing Psychoactive Substances
The starting point is the Drugs, Poisons and Controlled Substances Act 1981 (Vic), which regulates both traditional illicit drugs and newer substances. While much attention focuses on drugs of dependence such as cannabis, MDMA and cocaine, the Act also includes Part IIIA, introduced in 2017, which addresses psychoactive substances designed to mimic the effects of illegal drugs, including substances not yet captured by traditional drug schedules. That regime operates alongside, not instead of, the existing drug offences.
How Conduct Determines Criminal Liability
One key feature of this framework is that liability often turns on conduct rather than mere possession. The law primarily targets activities that introduce substances into circulation. Producing, selling, supplying in the course of a commercial activity, or advertising a substance can all attract criminal consequences. This approach reflects a policy decision to disrupt supply and distribution rather than focus on personal use.
How Police Investigate Psychoactive Substance Offences
Police investigations usually begin with a seizure. Officers may locate substances during a search, intercept them through postal or online investigations, or identify them through digital communications. Police then send the substance for forensic testing. Analysts determine its chemical composition and likely effects. Based on those findings, police decide whether to allege offences relating to a drug of dependence or offences linked to psychoactive substances. That classification shapes both the charges and the potential penalties.
Penalties and How Courts Assess These Cases
The law ties penalties closely to how authorities characterise the conduct. Courts treat matters involving commercial supply, preparation for sale, or repeated transactions far more seriously than isolated involvement. Judges examine the scale of the operation, any financial motive, and the accused’s role. Sentences can range from fines to imprisonment in serious cases, particularly where the conduct resembles trafficking.
Common Misconceptions About “Legal Highs”
People often make avoidable mistakes in these situations. Relying on assurances from a seller, assuming overseas legality applies in Victoria, or believing that disclaimers such as “not for human consumption” provide protection can all cause problems. Courts assess the surrounding circumstances, including how sellers marketed the substance and who they intended to use it. Courts do not rely on labels or informal descriptions.
Why Speaking to Police Without Advice Can Be Risky
Another common error involves speaking to the police without advice. Drug investigations frequently evolve as forensic results return and prosecutors refine charging decisions. What seems minor at first can later become more serious. Early legal advice allows a defence lawyer to assess whether the alleged conduct meets the elements of the offence, whether police acted lawfully, and how prosecutors are likely to use the evidence.
Why Early Legal Advice Matters
If police have seized a substance or contacted you about one, the next steps matter. Prompt advice from an experienced criminal defence lawyer can help you understand how Victorian drug laws apply to your situation and can influence how the matter progresses. Clear guidance early on often makes a significant difference to the outcome.
