Melbourne Drug Offences Lawyers

Drug offences in Victoria are mainly governed by the Drugs, Poisons and Controlled Substances Act 1981, covering possession, use, trafficking and cultivation. Importing drugs from overseas is a Commonwealth offence under Part 9.1 of the Criminal Code. Penalties depend largely on the type and quantity of drug: small amounts for personal use may lead to a caution or diversion, while trafficking a non-commercial quantity carries up to 15 years' imprisonment. Temporary visa holders also need to consider the effect of a conviction on their visa.

Key points

• A small quantity of cannabis is 50 grams or less; possessing a small quantity carries a maximum fine of 5 penalty units.
• A traffickable quantity of cannabis is 250 grams or more, or 10 plants.
• Trafficking a drug of dependence (s 71AC, non-commercial quantity) carries a maximum of 15 years' imprisonment.
• A commercial quantity of cannabis is 25 kilograms or 100 plants, and a large commercial quantity is 250 kilograms or 1,000 plants, with heavier penalties.
• First-time offenders found with a small quantity of cannabis may receive a cannabis caution instead of being charged.

What are the common drug offences?

• Possession: knowingly having control of drugs, including in your car, room or bag;
• Use: using a drug yourself, which can be charged separately from possession;
• Trafficking: selling, preparing for sale, transporting or possessing drugs for sale – even 'buying for a friend' can amount to trafficking;
• Cultivation: growing cannabis or other controlled plants, with heavier penalties for larger numbers;
• Importation: bringing drugs or precursor chemicals into Australia by post or in luggage – a Commonwealth offence investigated by the Australian Federal Police and Australian Border Force.

What is deemed trafficking and how do quantity thresholds work?

Victorian law sets quantity thresholds for each drug: small, traffickable, commercial and large commercial. Possessing a traffickable quantity can be treated as prima facie evidence of trafficking, often called deemed trafficking. The accused can then give evidence that the drugs were for personal use or not held for sale. For cannabis, 250 grams or 10 plants is a traffickable quantity. Thresholds for other drugs, such as methamphetamine and heroin, are much lower and are set out in the schedules to the Act.

Cannabis cautions, diversion and the Drug Court

For less serious cases, Victoria offers several ways to avoid a conviction:

• Cannabis Cautioning Program: police may caution first-time offenders found with a small quantity of cannabis, usually on the condition that they attend drug counselling;
• Diversion: requires prosecution consent and an acknowledgement of responsibility, and ends with no finding of guilt once the conditions are completed;
• Court Integrated Services Program (CISP): drug treatment and support while on bail, which can be taken into account at sentencing;
• Drug Court: for people whose offending is linked to drug dependence, using an intensively supervised treatment order instead of a standard sentence; eligibility criteria are strict.

Commonwealth drug importation offences

Importing border controlled drugs is governed by Part 9.1 of the Commonwealth Criminal Code. These cases are prosecuted by the CDPP and usually heard in the County Court or Supreme Court. Seriousness again depends on quantity, and importing a commercial quantity carries a maximum of life imprisonment. For example, if someone accepts an overseas parcel at home for a friend and drugs are found inside, the key issue is often what that person knew. Always get advice before an AFP interview.

Visa consequences of drug convictions

Drug offences, particularly trafficking and importation, can have serious visa consequences for non-citizens. Under section 501 of the Migration Act 1958, a sentence of 12 months' imprisonment or more can result in failing the character test, and lesser convictions may still be examined in future visa, permanent residence or citizenship applications. International students and temporary visa holders should get criminal and migration advice before pleading, and pursue diversion or a without-conviction outcome where possible.

How we can help

Chua Tan Associates has practised in Melbourne since 1990, and our lawyers run criminal cases themselves. In Mandarin, Cantonese or English, we can help with police or AFP interviews, bail applications, checking whether a search was lawful, reviewing drug weights and analysis certificates, seeking diversion or CISP, and briefing a barrister where needed.

Frequently asked questions

Will I go to jail for a small amount of cannabis in Victoria?

Possessing 50 grams or less is a small quantity with a maximum fine of 5 penalty units. First offenders may also receive a cannabis caution or diversion with no conviction.

How much of a drug counts as trafficking in Victoria?

Possessing a traffickable quantity can be prima facie evidence of trafficking. For cannabis it is 250 grams or 10 plants; other drugs have different, usually much lower, thresholds.

What if a parcel I collected for a friend contained drugs?

Importation is a Commonwealth offence and knowledge is often the key issue. Do not be interviewed by the AFP without legal advice, and keep your messages with the friend.

Will a drug conviction affect a student visa?

It can. A sentence of 12 months or more may mean failing the character test, and lesser convictions may be examined in later applications. Seek advice early.

What is the Drug Court in Victoria?

The Drug Court deals with people whose offending is linked to drug dependence, using an intensively supervised treatment order instead of a standard sentence. Eligibility is assessed case by case.

If you or a family member is facing a drug investigation or charge in Victoria, call 03 9602 3988 to book a consultation at our Melbourne CBD office at Level 2, 262 Queen Street, or by video, in Mandarin, Cantonese or English.

This article is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026