So what are the drug laws within Victoria? Read on to find out more.
Possession and Use
Within Victoria it is an offence to:
- Possess a prohibited drug
- Possess equipment for administration of prohibited drugs. Note: It is NOT an offence to possess needles and syringes (new or used)
- Self administer prohibited drugs
- Administer a prohibited drug into the body of another
The penalty for use of amphetamine type substances in Victoria is maximum $3000 and/or imprisonment for one year.
Those minor offenders caught in possession or using amphetamines are often diverted away from the court system and into treatment schemes such as the “drug diversion” programs in Victoria, providing education, information as well as treatment options for the offender. A Police Caution is often issued, rather than a charge.
For those on bail for non-violent behaviour and who have a drug problem, the CREDIT program provides assistance in accessing treatment. Upon successful completion of the program, a lesser sentence or no jail sentence maybe issued.
Manufacture/Trafficking
It is an offence to manufacture or traffic amphetamines, cocaine or MDMA in Victoria. Trafficking usually means selling a drug, but can include manufacturing (including mixing or packaging), exchanging, agreeing to sell, or offering drugs for sale.
You can also be charged with trafficking if you sell or offer to sell a person a harmless substance that they believe is a drug, or if you admit to the police that you have done one of these things. It is also trafficking if you sell drugs to a friend, or if a friend gives you money to buy drugs for them (even if you don’t use the drugs or make any money from the sale yourself).You can also be charged with trafficking if you possess a 'traffickable quantity' of drugs.
Penalties
Penalties regarding the manufacture and trafficking of amphetamines, cocaine or MDMA is determined by the quantity of drug involved. The table below provides a summary of the quantities and associated penalties. Please note that the quantities are mixed quantity and lower quantity thresholds apply if you were apprehended with quantities of unadulterated drugs (e.g. pure MDMA).
| Quantity |
Amphetamines |
MDMA |
Cocaine |
Maximum Penalty |
| Small Quantity |
0.75g |
0.75g |
1g |
Fine of up to $45, 368
and/or
up to 5 years imprisonment |
| Trafficable Quantity |
3.0g or more |
3.0g or more |
3.0g or more |
15 years imprisonment |
Commercial
Quantity |
500g or more |
500g or more |
500g or more |
25 years imprisonment |
Large Commercial
Quantity |
1 kg or more |
1 kg or more |
1 kg or more |
Fine of up to $567,100
and
up to life imprisonment |
*This fact sheet is for information only and should not be relied upon as legal advice.