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The Ice Epidemic in Victoria

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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

Introduction to Ice and Its Prevalence

Ice, also known as crystal methamphetamine, is a highly addictive and potent form of methamphetamine. It has become one of Victoria’s most widespread and problematic recreational drugs, particularly affecting young adults aged 20-29.ย 

According to statistics, 7.0% of Australians aged 14 years or older have used methamphetamines, with Ice being the dominant form consumed. Its widespread availability and severe impacts on users and society have escalated it to a significant public health and legal issue in the region.ย 

Effects of Ice on Users

Immediate Effectsย 

Ice use leads to a range of immediate physical and psychological consequences, including:ย 

  • Physical symptoms:ย ย 
    • Teeth grinding.ย 
    • Excessive sweating.ย 
    • Elevated heart rate and body temperature.ย 
  • Psychological symptoms:ย ย 
    • Heightened aggression and irritability.ย 
    • Episodes of psychosis, often characterised by paranoia and hallucinations.ย 
ย 

Long-Term Effectsย 

Prolonged use of Ice can result in devastating health consequences, such as:ย 

  • Physical damage:ย ย 
    • Severe weight loss and malnutrition.ย 
    • Organ failure, including kidney damage.ย 
    • Increased risk of stroke and cardiovascular issues.ย 
  • Mental health challenges:ย ย 
    • Chronic anxiety, paranoia, and violent tendencies.ย 
    • Deep depression and suicidal ideation.ย 
    • Long-term psychosis, even after ceasing use.ย 
  • Dependence and addiction:ย ย 
    • Ice is highly addictive, often leading to compulsive use and increased tolerance.ย 

The Ice Action Plan

In response to the growing crisis, the Parliament of Victoria Law Reform, Drugs, and Crime Prevention Committee launched an inquiry in 2014 into the supply and use of methamphetamines, particularly Ice.ย ย 

Following this inquiry, the Victorian Government developed the Ice Action Plan, which includes the following key strategies:ย 

  1. Establishment of the Ice Action Taskforce:ย 
    • A dedicated policing unit targeting Ice traffickers and dealers.ย 
ย 

ย  ย  ย  2. Strengthening community and family support:ย 

    • Initiatives to support families impacted by Ice addiction.ย 
    • Programs to educate communities about the dangers of Ice.ย 
ย 

ย  ย  ย  3. Expansion of drug treatment programs:ย 

    • Increasing access to rehabilitation services for users seeking recovery.ย 
ย 

ย  ย  ย  4. Enhanced road safety measures:ย 

    • Deploying additional drug and alcohol buses to detect and prevent driving under the influence of Ice.ย 
ย 

Investment in Prevention and Treatmentย 

The Victorian Labor Government has allocated over $45 million for the prevention, treatment, and education of Ice use across the state. This funding supports expanded treatment facilities, community education campaigns, and targeted law enforcement initiatives.ย 

Legal Context and Penalties

Prohibited Substances and Quantitiesย 

The Drugs, Poisons, and Controlled Substances Act 1981 (DPCSA) regulates the use, possession, and trafficking of illegal drugs in Victoria. Under Schedule 11 of the DPCSA, methylamphetamine (Ice) is classified as an illicit drug. The schedule also specifies the quantities that determine the severity of charges:ย 

Quantity Typeย 

Amount (Methylamphetamine)ย 

Small Quantityย 

0.75gย 

Traffickable Quantityย 

3.0gย 

Commercial Quantityย 

100.0gย 

Large Commercial Quantityย 

750.0gย 

Presumption of Trafficking

Possession of 3.0g or more of Ice triggers a legal presumption of trafficking under s 73(2) of the DPCSA. This carries severe penalties, including:ย 

  • Up to 15 years imprisonment for standard trafficking offences (s 71AC).ย 
ย 

Related Offencesย 

Depending on the circumstances, Ice-related charges may also include:ย 

  • Use or possession: Charged under sections 73 and 75 of the DPCSA.ย 
  • Driving under the influence: Includes random drug testing failures and impaired driving.ย 
  • Violence and other crimes: Charges such asย assault,ย threats, resisting arrest, or supplying Ice to minors may accompany drug offences.ย 

Defences to Ice-Related Charges

Potential Legal Defencesย 

In certain cases, individuals charged with Ice-related offences may present defences, including:ย 

  1. Lack of possession or control:ย 
    • If the Ice is found in a shared or commonly used area, such as a share house or car, the accused may argue they did not have possession or control over the substance.ย 
    • This defence requires substantial evidence, as possession is presumed if the drug is found in a space directly controlled by the accused (e.g., personal room or car).ย 
ย 

ย  ย  ย  2. Unawareness of the substance:ย 

    • If the accused genuinely did not know the substance in their possession was Ice, this defence may apply.ย 
    • However, this is difficult to prove, particularly if surrounding circumstances imply knowledge of the drug’s nature.ย 

What to Do If Charged

Defences to Ice-related offences are challenging to prove, particularly when there is clear evidence of possession, use, or trafficking. It is critical to:ย 

  • Seek immediate legal advice: Contact a criminal solicitor experienced in drug-related cases.ย 
  • Prepare your case: Early engagement with legal professionals allows more time to prepare a defence or negotiate reduced charges.ย 

Support Resources for Ice Users and Families

Legal Supportย 

  • MK Law:ย ย 
    • Services include representation for possession, trafficking, and related offences.ย 
ย 

Rehabilitation and Educationย 

  • Victorian Governmentโ€™s Ice Information Website:ย ย 
    • Provides comprehensive information on treatment programs and support services for individuals and families.ย 
  • Medical and psychological support:ย ย 
    • Access to drug rehabilitation centres and mental health professionals to address addiction and its impacts.ย 
  • 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

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Contact a lawyer at MK Law

The Ice epidemic in Victoria represents a significant challenge, affecting individuals, families, and communities across the state. With its devastating health effects, strict legal penalties, and widespread societal consequences, tackling this crisis requires a combination of prevention, enforcement, and rehabilitation efforts.ย 

For those affected by Ice use or facing charges, seeking expert legal, medical, and psychological support is essential. Early intervention and comprehensive treatment offer the best hope for recovery and a better future.ย 

If you have further questions or need additional information, contact MK Law today!ย 

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