Drug Offences

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Drug Offences may include possession of a drug of dependence, use of a drug of dependence, cultivation of a drug of dependence, trafficking and the importation of drugs.

Penalties range significantly depending on the offence.

The Drugs, Poisons and Controlled Substances Act 1981, s75 states a maximum of 1 year imprisonment for use of a drug of dependence while s71 states a maximum of life imprisonment for trafficking drugs in a large commercial quantity.

The amount of drugs and the surrounding circumstances in the client’s arrest may significantly impact upon the charges.

Therefore, it is important that you receive accurate advice at the earliest stage to achieve the best outcome.

Possession of a drug of dependence

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Drugs, Poisons and Controlled Substances Act 1981 - SECT 73

Possession of a drug of dependence

73. Possession of a drug of dependence

(1) A person who without being authorized by or licensed under this Act or the regulations to do so has or attempts to have in his possession a drug of dependence is guilty of an indictable offence and liable-

(a)  where the court is satisfied on the balance of probabilities that-

(i)  the offence was committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol;

(ii) the offence was not committed for any purpose related to trafficking in cannabis or tetrahydrocannabinol- to a penalty of not more than 5 penalty units;

(b)  subject to paragraph (a), where the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in that drug of dependence-to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment; or

(c)  in any other case-to a penalty of not more than 400 penalty units or to level 6 imprisonment (5 years maximum) or to both that penalty and imprisonment.

(2) Where a person has in his possession, without being authorized by or licensed under this Act or the regulations to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence.

Maximum Penalties in Victoria

Imprisonment for 5 years.

Use of a drug of dependence

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Drugs, Poisons and Controlled Substances Act 1981 - SECT 75

Use of drug of dependence

75. Use of drug of dependence

A person who, without being authorized by or licensed under this Act or the regulations to do so uses or attempts to use a drug of dependence is guilty of an offence against this Act and liable-

(a)  where the court is satisfied on the balance of probabilities that the offence was committed in relation to cannabis or tetrahydrocannabinol-to a penalty of not more than 5 penalty units; and

(b)  in any other case-to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment.

Maximum Penalties in Victoria

Imprisonment for 1 year.

Cultivation of a drug of dependence

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Cultivation of narcotic plants

72B. Cultivation of narcotic plants

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable offence and liable-

(a)  if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or

(b)  in any other case, to level 4 imprisonment (15 years maximum).

Maximum Penalties in Victoria

Imprisonment for 15 years.

See also s72 and s72A.

Trafficking

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Drugs, Poisons and Controlled Substances Act 1981 - SECT 71AC

Trafficking in a drug of dependence

71AC. Trafficking in a drug of dependence

A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).

Maximum Penalties in Victoria

Imprisonment for 15 years.

Drugs, Poisons and Controlled Substances Act 1981 - SECT 71
Trafficking in a drug or drugs of dependence-large commercial quantity

71. Trafficking in a drug or drugs of dependence-large commercial quantity

A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable-

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

Maximum Penalties in Victoria

Imprisonment for Life

To discuss legal matters arising from Drug Offences please contact our Melbourne Office on (03) 9347 1466.

Request an appointment at our office in Melbourne, Victoria using our online form.

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