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04related terms
May 2026reviewed
In detail
How possession works in practice.
Possession of a drug of dependence is an offence under the Drugs Poisons and Controlled Substances Act 1981 (Vic). The prosecution must prove that the accused had the drug in their custody or control and knew it was there. Possession is a summary offence for small quantities and is heard in the Magistrates' Court. The penalty range depends on the drug and the quantity, as well as the accused's history. A first-time accused found in possession of a small quantity may be eligible for diversion. Possession is distinct from trafficking, which requires evidence of supply or intent to supply.
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