Offences / Drug Possession & Trafficking
Offences / Drug Possession & Trafficking
Drug Possession and Drug Trafficking Lawyers in Melbourne
Melbourne Drug Possession & Trafficking Lawyers
Always seek advice from your criminal lawyer before speaking to the police. This is absolutely crucial and remember that anything you say can and will be used against you.
Synthetic drugs & minor offences
Quantity of the substance – Possession or Trafficking
We provide FREE case assessment of your police charges relating to drug offences and charges. Why risk getting the wrong advice from lawyers who do not put in the time and effort required for your case. Have Garde Wilson Lawyers defend, mitigate and resolve your allegations of drug charges and call our 24/7 support line NOW.
| Non-commercial quantities | $273,006 and/or imprisonment for 15 years |
| To a person under 16 | $364,008 and/or imprisonment for 20 years |
| Commercial quantities | $455,010 and/or imprisonment for 25 years |
| Large commercial quantity | $758,350 and/or life imprisonment |
| Possess a tablet press or a prescribed precursor chemical | $91,002 and/or 5 year’s imprisonment |
| Possess substance or material or documents relating to preparation cultivation or manufacture of a drug or equipment for trafficking a drug | 10 years imprisonment |
Choose the RIGHT lawyer – for your drug charges
TRAFFICKING – IN A DRUG OF DEPENDENCE
| Drug of Dependence | Trafficable Quantity | Commercial Quantity | Large Commercial Quantity | Automatic Forfeiture Quantity |
| Maximum penalty: 15 years | Maximum penalty: 25 years | Maximum penalty: 5,000p.u./Life imprisonmentStandard sentence of 16 years applies. | ||
| Cannabis | 250g or 10 plants | 25kg or 100 plants | 250kg or 1000 plants | |
| Amphetamine | 3g mixed | 100g pure or 500g mixed | 750g pure or 1kg mixed | 30g |
| Cocaine | 3g mixed | 100g pure or 500g mixed | 750g pure or 1kg mixed | 30g |
| Heroin | 3g mixed | 250g pure or 500g mixed | 750g pure or 1kg mixed | 30g |
| Methyl-amphetamine | 3g mixed | 50g pure or 250g mixed | 500g pure or 750g mixed | 30g |
| MDMA | 3g mixed | 100g pure or 500g mixed | 750g pure or 1kg mixed | 30g |
Frequently asked question
Do you still have questions?
01What counts as “possession” of a drug under Victorian law — do I need to be holding it?
No — you don’t have to be physically holding it. You are considered in “possession” if you have physical control or custody of the drug, or if the drug is on premises you occupy or in a place you use, enjoy or control.
Also, you must know the drug is there and intend to possess it.
02How do police in Victoria establish intent to supply (trafficking) rather than personal use?
The police and prosecution look at factors such as the quantity of the drug, packaging, communications, whether there’s evidence of sale or distribution (e.g., scales, large sums of cash), and the nature of your involvement.
If the amount is large and the circumstances suggest supply rather than personal use, you may be charged with trafficking.
03Can a drug search or seizure be challenged in a Victorian court?
Yes — a defence lawyer can challenge whether the search or seizure was lawfully carried out (for example, whether the police had proper warrant/authority), or whether evidence was handled correctly. Cases must be analysed on their facts.
04Will a drug conviction appear on a police check and can it be removed?
Yes — a conviction for a drug offence will appear on your criminal record and can impact police or background checks. The possibility of having it removed (expunged) is limited and depends on the type of offence, whether a conviction was recorded, and your subsequent behaviour. While minor offences sometimes may attract diversion programs (no conviction recorded) under certain circumstances, this depends on your eligibility.
05What defences are commonly used for possession or supply charges in Victoria?
Common defence strategies include:
-Arguing you did not have control or knowledge of the drug (i.e., you didn’t know of its presence).
-Showing the quantity was small and consistent with personal use rather than trafficking.
-Challenging the lawful basis of the search/seizure or the handling of evidence.
In some instances, demonstrating medical/research authorisation (e.g., medicinal cannabis licence) may apply if relevant.
06If I cooperate with police or enter a diversion program, will charges be dropped?
Not automatically. Cooperation may help in mitigation but it doesn’t guarantee charges will be dropped. Whether a diversion is available depends on factors like the offence type, your prior record, whether you admit responsibility, and whether the matter is suitable for diversion. Garde Wilson identify that minor drug offences may sometimes be diverted if you have no prior record.
07How will a drug-related charge affect my employment or professional licence in Victoria?
A drug charge or conviction can have serious implications on employment, particularly if your job or professional licence requires a clean record or involves working with vulnerable people. It may trigger disciplinary action by regulatory bodies, limit international travel or eligibility for certain roles. Because the specifics depend on your profession, it’s important to raise this early with your lawyer.
08What should I bring to my first appointment with a drug-defence lawyer in Melbourne?
Prepare to bring:
-A copy of the charge sheet or summons (if available)
-Circumstances of the arrest/search (when, where, how)
-Details of the alleged drug (type, quantity)
-Any evidence you have (photos, messages, packaging, cash, communications)
-Your personal history (employment, prior offences, dependence issues)
-Any medical records or prescribed licences if relevant (e.g., medicinal cannabis)
Providing comprehensive information early helps your lawyer assess your case more accurately.
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