Trafficking, possessing, or cultivating drugs of dependence is among the most severe offences with hefty penalties in Victoria. People found guilty of these crimes may receive a sentence of up to 25 years and pay thousands in fines. The penalty primarily depends on the type and amount of drugs the accused person possessed during the arrest. Having large quantities attracts the harshest sentences.
This article explains the commercial quantity of drugs in Victoria, their penalties, and possible defences that an experienced drug offence lawyer may use to help defend you or your loved one.
What Are Drugs Of Dependence In Victoria?
Section 4 of the Drugs, Poisons, and Controlled Substances Act 1981 defines a drug of dependence as:
- Natural or synthetic drug forms listed in Schedule Eleven of the Drugs Act
- Analogues, derivatives, isomers, or salts of the listed drugs
- Parts (fresh or dried) of a plant specified in Schedule Eleven
- A drug contained or mixed with another substance listed under the Drugs Act
The most common drugs of dependence include amphetamine (speed), cannabis, cocaine, heroin, ketamine, LSD, and MDMA (ecstasy).
Commercial Quantities Of Common Drugs In Victoria
Schedule 11 of the Drugs, Poisons, and Controlled Substances Act 1981 outlines the quantity classifications of drugs of dependence. The amounts fall into different categories, including commercial and large commercial quantities. Under this Act, commercial quantities may mean the pure form of the drug or when the drug is mixed with another substance.
Criteria For Being Charged With Drug Trafficking In Victoria
An intervention order can be a legal tool used to protect individuals who may be in danger due to drug-related activities, but it is separate from criminal charges related to drug trafficking. Under Victorian law, trafficking a drug of dependence includes manufacturing or preparing it for trafficking. It also constitutes selling, exchanging, possessing for sale purposes, or agreeing to sell a drug of dependence.
For the prosecution to convict you of trafficking a commercial quantity of drugs, there must be proof that:
- You intentionally attempted or trafficked a drug.
- The drug is among the substances listed in Schedule Eleven of the Drugs Act.
- The amount of the substance falls under the commercial quantity category.
Penalties For Possession Of A Commercial Quantity Of Drugs
In Victoria, you can be charged for possessing or trafficking a drug of dependence. You can be convicted for cultivating narcotic plants, including cannabis, cocoa, or opium. The law is also strict on drug driving, prohibiting people from driving under the influence of drugs. Using or possessing small amounts of drugs can lead to a fine or incarceration of up to 12 months.
Penalties For Cultivating Drugs In Commercial Quantities In Victoria
In addition to drug-related penalties, managing financial obligations such as Centrelink debt can be another significant concern for individuals involved in drug offences. Cultivating, which may include tending, harvesting, or sowing narcotic plants, is a major offence that could lead to severe penalties. The sentence depends on the number and size of the plants. Having over 25kg or 100 cannabis plants can lead to 25 years in prison. The court can sentence those caught with 1000+ plants or 250kg to life imprisonment and fines of up to 5000 penalty units.
Penalties For Trafficking Drugs In Commercial Quantities In Victoria
Penalties for drug trafficking in Victoria depend on the age of the accused and the amount of drugs involved. Minors under 18 years can get a maximum penalty of up to 20 years in jail or 2400 penalty units for trafficking commercial quantities. Adults found guilty of having a commercial quantity of illegal substances can get a jail term of up to 25 years. However, if large commercial amounts are involved, the sentence could include life imprisonment, 5000 penalty units, or both.
Defences For Drug Offences In Victoria
Drug trafficking offences are among the most serious cases in Victoria and could lead to hefty penalties and/or imprisonment. If you’re facing drug charges, seeking legal assistance from experienced drug offence lawyers is highly advisable. A criminal lawyer can offer expert legal advice related to your charges and represent you in court. Expert lawyers can find possible defences for your case, ensuring the best possible outcome.
Conclusion
It can be scary if you or your loved ones are facing drug-related offences. Even if you plead guilty and cooperate, the court may still fine or sentence you to prison. The best thing to do is to contact an expert criminal defence lawyer to work on your case, offer advice, and defend you in court.
