Our criminal lawyers will help you get a fair hearing and resolve your issue quickly so you can get on with your life.
Types of drug offences
In Victoria, there are several drug offences that you can be charged with including:
- Possession, which means you have a drug either on you or in your house, car or other property and knew it was there;
- Use, which includes smoking, inhaling, swallowing or injecting a drug;
- Cultivation, which means you grow narcotic plants including cannabis, opium or coca plants;
- Trafficking, which means you sell, manufacture, possess or offer for drugs for sale. If you’re found in possession of a large quantity of drugs, you can be charged with trafficking even if you haven’t tried to sell it to anyone. You can also be charged with trafficking if you buy drugs for a friend, prepare or manufacture a drug; and
- Importing or exporting drugs overseas.
These offences all relate to drugs of dependence which include:
- Cannabis or marijuana;
- Amphetamines or speed;
- Cocaine;
- Heroin;
- Ecstasy or MDMA; and
- LSD.
Penalties for drug offences
The penalties for some drug offences are harsher than others. For example, using drugs is often considered a less serious offence than trafficking drugs.
Your penalty will also depend on whether it’s your first offence or if you’ve been charged before. For example, if you’re charged with using or possessing a small amount of drugs and it’s your first offence, you may receive a warning or a fine of about $1,000.
You may also be imprisoned for drug offences, particularly if it’s a serious offence like importing or trafficking, or if you’ve been charged with drug offences before. The amount of jail time you can be sentenced to can vary from one year to 25 years or more depending on the charge.
In some instances, you may be ordered to have drug counselling or to attend a drug treatment centre. You may even be able to avoid the charge going on your criminal record by asking to do a program to help you stop using drugs.
Why MNG Lawyers
Frequently Asked Questions
There are several defences that you may be able to use depending on the offence you’re charged with and the circumstances of the event.
For example, if you’re charged with possession you could defend the charge if you can show that you didn’t know you had the drug. While you may be able to defend a trafficking charge if you can show that you didn’t intend to sell the drug.
Our lawyers can help you gather evidence and put together your defence.