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Drugs

The information in this section is for drug users. It covers legal issues that drug users face in dealing with the police when in custody and on the street.

If the police stop you on the street, stay calm and avoid aggressive or smart comments. Conflict makes matters worse.

Get legal advice.

Drugs and the law

There are many laws about having and using drugs. The most common types of offences are use, possession or trafficking drugs of dependence.

Use

Includes smoking, inhaling fumes, injecting or swallowing a drug. You can also be charged with 'use' if you admit to using.

If you admit to injecting someone else with a drug, you can be charged with 'introducing a drug into the body of another person'. If that person dies you may be charged with a serious criminal offence.

Possession

Means having a drug on you or in a house or property you occupy. This includes cannabis growing anywhere on the premises. You can be charged with possession if drugs are found in a car you own or you are driving.

For the police to prove a charge of possession in court, you must have known that the drug was there and have intended to possess it. Get legal advice before being interviewed by police.

Trafficking

Usually means selling a drug, but can include manufacturing (including mixing or packaging), exchanging, agreeing to sell, or offering drugs for sale.

You can also be charged with trafficking if you sell or offer to sell a person a harmless substance that they believe is a drug, or if you admit to the police that you have done one of these things.

It is also trafficking if you sell drugs to a friend, or if a friend gives you money to buy drugs for them (even if you don’t use the drugs or make any money from the sale yourself).

You can also be charged with trafficking if you possess a 'traffickable quantity' of drugs. This amount differs depending on the drug. For example:

  • amphetamine 3 grams
  • cannabis 250 grams or 10 plants.
  • cocaine 3 grams
  • heroin 3 grams
  • MDA 3 grams
  • MDMA (ecstasy) 3 grams
  • methylamphetamine 3 grams.

These are diluted quantities, that is, the drug plus any mixer. Changes in the law may affect these quantities. Talk to a lawyer.

Trafficking is a serious offence. Penalties can be very harsh.

More information

Drugs – frequently asked questions

Dealing with the police

Drink & drug driving

Related publications

Drugs, the law and safer injecting

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • advice at many correctional facilities, remand and detention centres
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.

DirectLine provides 24-hour, 7-day counselling, information and referral for people with drug and alcohol problems. DirectLine counsellors can talk to you about services and support options available to you. The service is free, anonymous and confidential. Call 1800 888 236.