State & Territory Drug Laws

Each state and territory has a different set of laws in regards to drugs. In this section you can access factsheets regarding each of the individual states and territories drug laws.
Wiki Article
16
Nov
2009
Victorian Drug Laws Factsheet
Last Edited By: on 16 Nov 2009 (+ 1)

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.

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17 Nov 2009 08:24 AM | bluebelly wrote:

Great work Andy, thanks.  Although it is our understanding that new or used needles and syringes can be used as part of evidence if a case is made against you.

16 Nov 2009 02:09 PM | AndyS wrote:

Although paraphernalia laws have changed recently in Victoria - particularly with respect to glass pipes - it remains legal to possess needles and syringes (both new and used).

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