Being charged with a drug offence is frightening, and what you do next matters. The right advice early can mean the difference between a criminal record and a diversion, or between a trafficking charge and a possession charge. Our Melbourne drug offence lawyers have defended drug matters in Victorian courts since 1994, from street-level possession to large commercial trafficking prosecutions.
Drug offences we defend
Drug charges in Victoria are mostly brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). We act for clients charged with:
- Possession of a drug of dependence, including cannabis, methylamphetamine, cocaine, MDMA, heroin and prescription medications without authority.
- Use of a drug of dependence.
- Cultivation of narcotic plants, from a small number of plants to commercial grow houses.
- Trafficking, including possession of a traffickable quantity, selling, and “deemed” trafficking based on quantity alone.
- Commercial and large commercial quantity trafficking and cultivation, which carry the most severe penalties.
- Importation offences prosecuted under Commonwealth law.
Quantity matters – a lot
Victorian drug law works on thresholds. The same substance can support a charge of possession, trafficking, commercial trafficking or large commercial trafficking depending on the quantity alleged, and the difference in maximum penalty is enormous: from a fine at the bottom end to life imprisonment for large commercial trafficking. How the substance was weighed, mixed and attributed to you is therefore often the central battleground in a drug case, and it is where experienced defence lawyers earn their keep.
Possible defences and strategies
Every drug case turns on its facts, but the questions we routinely test include:
- Was the search lawful? Evidence obtained through an unlawful search of your person, car or home can be challenged and may be excluded.
- Was the substance actually in your possession at law? Shared houses and cars frequently raise real doubt about who possessed what.
- Can the prosecution prove the quantity and purity it alleges?
- Was any admission or interview obtained properly?
- Is there a basis to negotiate a trafficking charge down to possession?
First offence? Diversion may keep your record clean
For minor possession and use matters, Victoria’s criminal justice diversion program can resolve the charge without a finding of guilt and without a criminal record. Police and the court must agree, and the application has to be prepared properly. We are diversion specialists and regularly secure diversion for first-time drug charges.
Penalties for drug offences
Penalties range from adjourned undertakings and fines for minor possession through to substantial terms of imprisonment for trafficking and cultivation. The court will look at the type and quantity of drug, your role, your prior history, and your prospects of rehabilitation. Strong, well-documented plea material, including treatment and character evidence, consistently produces better outcomes.
The court process
Possession and use charges are generally heard in the Magistrates’ Court. Trafficking and cultivation charges can be heard summarily in some circumstances or proceed on indictment to the County Court, where the stakes and the procedure are different. If you have been remanded or fear arrest, our bail application lawyers can act urgently, 24 hours a day.
Why choose McNally & Gleeson Lawyers
Drug cases are technical. They turn on search powers, forensic evidence, quantity thresholds and negotiation with prosecutors. Our principal is a Law Institute of Victoria Accredited Specialist in Criminal Law, our team appears in drug matters across Melbourne and Victoria every week, and we have more than 30 years of results behind us.
What to do now
- Do not discuss your matter with police before getting legal advice. You have the right to silence beyond providing your name and address in most circumstances.
- Keep any paperwork you were given, including the charge sheet and property receipt.
- Contact us on (03) 9670 3633, any time of the day or night.
You may also want to read your first steps after a drug charge or learn more about our criminal defence team in Melbourne.
Common questions about drug charges
The drugs were not mine. Does that help?
Possibly. Possession requires knowledge and control. Drugs found in a shared house, car or bag are not automatically yours at law, and the prosecution must prove possession beyond reasonable doubt. These are some of the most commonly contested drug cases.
What is “deemed trafficking”?
If you possess more than the traffickable quantity of a drug, the law presumes possession for the purpose of trafficking unless the contrary is shown. The thresholds are lower than many people expect, which is how personal-use quantities sometimes become trafficking charges. Challenging the quantity, the mixing and the presumption is core defence work.
Will a drug charge show up on a police check?
A finding of guilt generally will, with or without conviction depending on the outcome. A successfully completed diversion will not result in a criminal record, which is why we push hard for diversion in eligible first-offence matters.
Police want me to come in for an interview. Should I?
Get advice first, always. You generally cannot talk your way out of a charge, but people regularly talk their way into one. We can advise you, and where appropriate attend with you, before you say anything.
