Drug Offence Lawyer Melbourne

MK Law’s drug offence lawyers in Melbourne defend people charged with drug use, possession, trafficking, cultivation and importation. Free advice is available 24/7 on 1800 130 120.

Most drug offences in Victoria are prosecuted under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). Penalties depend on the type and amount of drug, whether it was for your own use or for sale, and your prior history.

Types of Drug Charges in Victoria

• Use: using cannabis has a maximum fine of 5 penalty units. For other illicit drugs the maximum is 30 penalty units, 1 year’s imprisonment, or both. One penalty unit is $209.10 in 2026-27.
• Possession: having any quantity of an illegal drug without a lawful excuse is a criminal offence. Details below.
• Trafficking: selling or manufacturing a drug, or having it for sale. Details below.
• Drug cultivation: it is an offence to cultivate cannabis or another narcotic plant. The maximum is 1 year if not for trafficking, 15 years otherwise, and life for large commercial quantities. See cultivation of narcotic plants.
• Drug importation: a Commonwealth offence under the Criminal Code Act 1995 (Cth), investigated by the Australian Federal Police. Importing a commercial quantity carries a maximum of life imprisonment.

Drink driving and drug driving are traffic matters, handled by our drug driving lawyers.

Drug Possession Charges

The maximum depends on what the court accepts the drug was for:

• A small quantity of cannabis (up to 50 g), not for trafficking: a fine of up to 5 penalty units.
• Any drug, not for trafficking: 30 penalty units, 1 year’s imprisonment, or both.
• Any other case: 400 penalty units, 5 years, or both.

For small quantities for your own use, a police caution or court diversion may be available. See the offence in detail.

Drug Trafficking Lawyers Melbourne: Charges and Penalties

Our drug trafficking lawyers in Melbourne act for clients facing trafficking allegations across Victoria. Trafficking includes selling, exchanging, preparing or manufacturing a drug, offering or agreeing to sell it, and having it for sale. Having a traffickable quantity, such as 250 g of cannabis (or 10 plants) or 3 g of ice mixture, is on its own evidence of trafficking, so many trafficking allegations turn on the quantity of the drug and what it was for.

• Below a commercial quantity: Applies to any amount below a commercial quantity. The maximum penalty is 15 years’ imprisonment, or 20 years at a school or in a public place within 500 metres of one. See trafficking a drug of dependence.
• Commercial quantity: A commercial quantity is a set weight for each drug, for example 250 g of methylamphetamine mixture or 25 kg of cannabis. The maximum penalty is 25 years, or life if it was for a criminal organisation. A prison sentence is required unless limited exceptions apply. See commercial quantity trafficking.
• Large commercial quantity: For example 750 g of methylamphetamine mixture or 250 kg of cannabis. The maximum penalty is life imprisonment and a fine of up to 5,000 penalty units, and a prison sentence is required. See large commercial quantity trafficking.

In the Magistrates’ Court from 2020 to 2023, a Community Correction Order was the most common outcome for cannabis trafficking. More than half of methylamphetamine trafficking cases ended in imprisonment.

Which Courts Hear Drug Charges in Melbourne?

• Magistrates’ Court of Victoria: hears most drug charges, including most trafficking and cultivation charges. It can impose up to 2 years for one charge and 5 years in total.
• County Court and Supreme Court of Victoria: serious charges such as commercial and large commercial quantity trafficking and cultivation are indictable offences that must go to a higher court.

Drug Charge FAQs