Have you been Charged with Use or Possession of a Drug of Dependence?
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Ice Epidemic in Victoria
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Unauthorised Possession of Poison or a Controlled Substance
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Manufacturing Heroin
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Trafficking a Drug of Dependence in a Large Commercial Quantity
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Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
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Trafficking a Drug/s of Dependence in a Commercial Quantity
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Trafficking a drug/s of Dependence to a Child
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Trafficking a Drug/s of Dependence
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Supplying a Drug/s of Dependence to a Child
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Possession of Tablet Press
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Possession of Chemical Precursor Chemicals
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Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
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Cultivation of Narcotic Plants
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Drug of Dependence into the Body of Another Person
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Obtaining Drugs of Dependence by False Representation
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With Use or Possession of a Drug of Dependence
What does it mean to be Charged with Use or Possession of a Drug of Dependence?
In Victoria, using and possessing a drug of dependence are two separate offences under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) (“DPCSA”), and each has distinct legal implications and penalties.
Use of a Drug of Dependence (Section 75):
The offence of using or attempting to use a drug of dependence is outlined in Section 75 of the Act. This charge focuses on the actual consumption or the attempt to consume a drug of dependence, which may include substances like cannabis, heroin, or methamphetamines. To be guilty of this offence, the person must have used or tried to use a drug without being authorised or licensed to do so, such as by not having a prescription for medical purposes.
Possession of a Drug of Dependence (Section 73):
Possession of a drug of dependence is addressed in Section 73 of the Act and refers to having control over a drug of dependence, even if the person has not used or attempted to use it. Possession can include physically carrying the drug or having it stored somewhere under the person’s control. Like with use, the person must not be authorised or licensed to possess the drug.
Possession becomes a more serious offence when it involves larger quantities of a drug of dependence. If the quantity possessed meets or exceeds the traffickable quantity (as defined by the Act), this can be considered prima facie evidence of trafficking, meaning it is assumed the person intended to traffic the drugs unless proven otherwise. In such cases, the penalties increase significantly, with the potential for up to 400 penalty units or level 6 imprisonment (a maximum of 5 years), or both.
For more information on charges relating to trafficking- see specific publications relating to trafficking offences.
What is a Drug of Dependence?
A drug of dependence is defined in Section 4 of the Drugs Act and can include heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, ketamine etc.
What must the prosecution prove for Possession of a Drug of Dependence?
- The substance in question was a drug of dependence.
- You possessed that substance.
What must the prosecution prove for Usage of a Drug of Dependence?
1. You used cannabis; or
2. You used another drug of dependence.
Penalties for Using a Drug of Dependence:
The penalties differ depending on the drug involved. For cannabis or tetrahydrocannabinol (THC), the court can impose a fine of up to 5 penalty units. For other drugs, such as heroin or methamphetamines, the penalty can be up to 30 penalty units or level 8 imprisonment (a maximum of 1 year), or both. This charge typically applies to individuals caught consuming or attempting to consume illicit substances, with lighter penalties applied for cannabis.
Penalties for Possession of a Drug of Dependence:
Penalties for possession vary based on the type and amount of the drug. If the possession involves a small quantity of cannabis or THC and is for personal use, the penalty is up to 5 penalty units. For possession of other drugs for personal use, the penalty can be up to 30 penalty units or level 8 imprisonment (maximum 1 year), or both.
Factors and Defences to consider:
Did you have authorisation to Use or Possess the drug of dependency?
- Were you charged with Use or Possession or both?
- What was the alleged substance? Was it a drug of dependence according to the Act?
- What were the surrounding circumstances in relation to your offence?
Where will my case be heard?
Use and Possession offences are heard in the Magistrates Court.
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-
Ice Epidemic in Victoria
-
Unauthorised Possession of Poison or a Controlled Substance
-
Manufacturing Heroin
-
Trafficking a Drug of Dependence in a Large Commercial Quantity
-
Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
-
Trafficking a Drug/s of Dependence in a Commercial Quantity
-
Trafficking a drug/s of Dependence to a Child
-
Trafficking a Drug/s of Dependence
-
Supplying a Drug/s of Dependence to a Child
-
Possession of Tablet Press
-
Possession of Chemical Precursor Chemicals
-
Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
-
Cultivation of Narcotic Plants
-
Drug of Dependence into the Body of Another Person
-
Obtaining Drugs of Dependence by False Representation
-
With Use or Possession of a Drug of Dependence
What happens next?
After being charged with Use or Possession of a Drug of Dependence, the next step is to seek legal advice. At MK Law, we will guide you through the legal process and provide tailored advice on your options moving forward. Our team will assess your case, review the charges, and examine the evidence to identify any strengths or weaknesses in the prosecution’s case. We will clearly explain your legal rights, potential defences, and the penalties you may face.
Additionally, we will discuss your plea options, whether it’s pleading guilty or contesting the charges, and help you understand any potential plea bargains. If you choose to defend the charges, we will work closely with you to prepare a strong defence strategy, which includes gathering evidence, challenging the prosecution’s case, and exploring all possible defences. We can also negotiate with the prosecution for reduced charges or penalties if appropriate. If your case proceeds to trial, MK Law will represent you in court, advocating for the best possible outcome while ensuring your rights are protected throughout the entire process. Call 1800 130 120 for confidential expert advice today.
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- 1800 130 120
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