Common questions about drug charges in Victoria.

Possession of a drug of dependence under section 73 of the Drugs, Poisons and Controlled Substances Act 1981 is a criminal offence, though outcomes range from diversion to a recorded conviction depending on the drug, quantity, and history.

Possession of a drug of dependence under section 73 of the Drugs, Poisons and Controlled Substances Act 1981 is a criminal offence in Victoria. The fact that it is an offence does not mean a conviction is inevitable. Depending on the drug, the quantity found, whether it is a first episode, and your personal history, outcomes can include police diversion with no conviction recorded, a court diversion, an adjourned undertaking without conviction, a fine, or a recorded conviction. The Magistrates' Court has a range of options available, and how a matter is presented, including any treatment, rehabilitation, or personal circumstances, can significantly affect where on that range the outcome lands. An early conversation with a lawyer about the realistic options for your specific matter is the most useful first step.

Police diversion under the Criminal Procedure Act 2009 lets eligible first-time accused complete an education or treatment program in lieu of a conviction, subject to the drug, the quantity, and police consent.

The police diversion scheme under the Criminal Procedure Act 2009 allows eligible people charged with minor drug offences to be diverted away from the court process altogether. Instead of proceeding to a hearing, the person completes an approved drug education or treatment program. If they complete it, no conviction is recorded. Eligibility depends on a number of factors: the drug involved, the quantity, whether it is a first offence, whether police are willing to offer diversion, and whether you accept responsibility for the conduct. Not every drug charge is eligible, and police retain discretion. Court-based diversion programs are a separate pathway available at the Magistrates' Court level for matters that proceed beyond the police stage. A lawyer can assess which pathway, if any, applies to your matter and prepare the material that gives you the best chance of being accepted.

Trafficking covers selling, supplying or preparing a drug for sale, including possession of a quantity that meets a statutory trafficable threshold. Penalties are materially higher than for possession.

Possession is the base offence: having a drug of dependence in your custody or control. Trafficking is a separate and more serious offence that covers selling, supplying, agreeing to supply, or preparing a drug for supply. Critically, Victorian law also creates a presumption of trafficking where the quantity found meets or exceeds a statutory trafficable quantity, even without direct evidence of actual supply. Those trafficable quantities vary by drug and are set out in Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981. The practical consequence is that a person found with a quantity above the threshold faces a trafficking charge rather than a simple possession charge, with a much higher maximum penalty, and the matter may proceed on indictment to the County Court rather than being heard in the Magistrates' Court. Understanding where your matter sits on that spectrum is the starting point for any strategic advice.

Possession requires proof of custody, control, and knowledge. Where the drug was found in a shared space without evidence linking it specifically to you, defences may be available, though each matter turns on the evidence.

Possession in Victorian law requires the prosecution to prove that you had custody or control of the drug and that you knew it was there. Where a drug is found in a shared space, such as someone else's car or a shared room, those elements are not automatically established by the fact of proximity alone. The prosecution needs to prove the connection to you specifically. Defences in these situations turn on what the evidence actually shows: whose car or space it was, whether you had access to the area where the drug was found, what you said or did not say to police at the time, whether any other person had access, and what the police can prove about your knowledge. These are genuinely contested cases where the brief of evidence needs to be reviewed carefully before any decision is made about how to run the matter. Do not assume possession is proven simply because you were present.

A finding of guilt for certain drug offences must be disclosed and may affect a Working with Children Check, particularly for trafficking, supply, or offences involving minors.

Whether a drug charge affects a Working with Children Check (WWCC) depends on the offence, the outcome, and whether a conviction is recorded. Under the Working with Children Act 2005 (Vic), certain offences are prescribed Category A or Category B offences that automatically exclude a person from holding a WWCC or trigger a review. Drug offences involving trafficking, supply, or conduct involving children sit at the more serious end and are more likely to affect a WWCC than a minor, first-episode possession matter where diversion is obtained. Even an offence that does not automatically exclude can be the subject of a review by the Department of Justice and Community Safety. We discuss the secondary consequences of a drug charge, including WWCC risk, employment risk, and professional registration risk, as part of advising on plea options. These considerations can affect whether pursuing diversion or contesting the matter is the better approach.