We have over 30 years of experience acting for clients charged with drug offences.
Most Victorian state drug offences are found in the Drugs, Poisons and Controlled Substances Act 1981.
There are many types of drug offences, the most common being possession of a drug of dependence, cultivation of a narcotic plant, manufacture and trafficking in a drug of dependence.
The law relating to drug offences can sometimes be quite complex. There are several provisions in the Act which mean that the possession of a specified quantity of a particular drug of dependence is presumed to be prima facie evidence of trafficking even in the absence of any evidence of sale.
The maximum penalties for drug offences are significant but do vary widely depending on the nature of the offence. For example, the offence of possession of a drug of dependence contrary to s.73 of the Act can be:
- s.73(1) Possession of a small amount of cannabis – where the court is satisfied that it is not related to any purpose of trafficking – maximum 5 penalty units
- s.73(2) Possession of a any drug of dependence – where the Court is satisfied that it is not related to any purpose of trafficking – maximum 30 penalty units and or maximum 1 year imprisonment
- s.73(2) In any other case – maximum of 400 penalty units and or maximum 5 years imprisonment.
Other maximum penalties include:
- s.71AC trafficking in a drug of dependence – maximum 15 years imprisonment
- s.71AA trafficking in a commercial quantity of a drug of dependence – maximum 25 years imprisonment
- s.71 trafficking in large commercial quantity of a drug of dependence – maximum life imprisonment
At Lewenberg & Lewenberg, we have over 30 years of experience acting for clients charged with drug offences. We have acted for clients in some of Victorias’ largest and most complex drug cases involving tens of thousands of documents including transcripts of telephone intercepts, warrants and other material requiring careful analysis. Our experience means that we understand the offence, can advise you of the defences available and utilise techniques to manage your case in order to achieve the most favourable outcome in the circumstances.