Facing A Drug Charge? Speak To Our Experienced Drug Offence Lawyers Today
Drug offences in Victoria are treated seriously at every level. Whether you’re facing a first-time possession charge or a large-scale trafficking matter, the decisions made early in your case have a lasting impact on the outcome.
Josh Smith Legal has successfully defended clients across all categories of drug charge, from minor possession through to serious trafficking and importation. We know these cases and we know how to fight them.
What You’re Facing
The severity of a drug charge, and the penalty attached to it, depends on the substance, the quantity, and what you were allegedly doing with it.
| Offence | Maximum penalty (Victoria) |
|---|---|
| Possession, where the court is satisfied it was not connected with trafficking | Up to 1 year imprisonment |
| Possession, in other cases | Up to 5 years imprisonment |
| Trafficking, non-commercial quantity | Up to 15 years imprisonment |
| Trafficking, commercial quantity | Up to 25 years imprisonment |
| Trafficking, large commercial quantity | Life imprisonment |
| Cultivation, not connected with trafficking | Lower maximum applies |
| Cultivation connected with trafficking | Up to 15 years imprisonment |
| Commercial cultivation | Up to 25 years imprisonment |
| Large commercial cultivation | Life imprisonment |
These maximums are set by the Drugs, Poisons and Controlled Substances Act 1981. Lower penalties may apply to small quantities of cannabis where trafficking is not involved. For cultivation, the plant numbers, the drug and the intended purpose all change which category applies.
Drug driving is dealt with separately. For driving with a prescribed illicit drug present, the minimum licence disqualification is generally 6 months for a first offence and 12 months for a subsequent offence.
The quantity thresholds that trigger the commercial and large commercial categories vary by substance. We can advise exactly how the amounts in your case are classified, which often matters more than anything else in the charge.
Charged With A Drug Offence?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Drug Driving In Victoria
Police conduct random roadside oral fluid tests for three prescribed substances: methylamphetamine, MDMA and THC, the active compound in cannabis. The roadside test detects the presence of a drug, not whether you’re impaired. A positive roadside sample is sent to a laboratory to be confirmed, and a confirmed result can lead to an infringement notice or a court charge depending on your circumstances and history.
If you’ve returned a positive roadside test or been charged with driving while drug-impaired, we can assist with your defence in the Magistrates’ Court of Victoria. If alcohol is also involved, see our drink driving lawyers. For other driving charges, see our traffic lawyers.
Defences Available
- Lack of knowing possession, where you didn’t know the substance was there or what it was (what the prosecution has to prove depends on the offence)
- Unlawful search and seizure, where police acted without proper authority
- Chain of evidence challenges, covering how the substance was collected, stored and tested
- Quantity disputes, challenging whether amounts meet the commercial thresholds
- Duress, where you were coerced into holding or carrying the substance
Even in cases with strong prosecution evidence, skilled sentencing submissions can significantly reduce penalties, including avoiding imprisonment in appropriate circumstances.
Act Quickly
If you’ve been charged with a drug offence, the decisions made in the first 24 to 48 hours matter enormously. Getting legal advice immediately, before any further police contact, gives your lawyer the best possible platform to work from.
Call Josh Smith Legal on 03 8658 5872 the moment you’re charged, or if you believe charges are imminent.
Why Choose Josh Smith Legal?
We’ve successfully defended clients at every level of drug offending. Here’s what sets us apart.
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We’re Available When You Need Us Most
24/7, 365 days a year. Drug charges often arise suddenly and without warning. We’re available around the clock so you can get advice before making any decision that could affect your case.
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Experienced Across All Drug Charge Categories
From first-time possession through to large commercial trafficking matters carrying life imprisonment, we’ve defended clients at every level. Our 4.9-star rating comes from over 200 Google reviews.
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We Know How These Cases Are Prosecuted
We understand exactly how police build drug cases, from how searches are conducted to how quantities are classified. That knowledge is critical to identifying weaknesses in the prosecution case.
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We Challenge How The Evidence Was Obtained
Many drug charges rest entirely on what a search turned up. If that search was unlawful, the evidence may be excluded. We examine every detail of how police obtained what they have.
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Free Case Evaluation
Call us and we’ll explain exactly where you stand, what the charge means, and what your realistic options are. No legal jargon. No obligation.
Facing A Trafficking Charge?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Charged With A Drug Offence? Let Us Help You Get The Best Possible Outcome
Drug charges in Victoria carry severe penalties at every level. The outcome isn’t fixed, but it is heavily influenced by the quality of your legal representation and how early you engage a lawyer.
We know the law, we know the courts, and we know how to build the strongest possible case for you.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
What counts as a commercial quantity of drugs in Victoria?
The thresholds vary by substance, and the category your quantity falls into directly determines the maximum penalty you face. Because the boundaries are precise, this is often the single most important issue in a trafficking matter. We can advise exactly how the amount in your case is classified.
Will I go to jail for drug possession?
For a first-time, small-quantity possession offence, imprisonment is unlikely with proper legal representation. Courts frequently impose fines, community correction orders, or good behaviour bonds. For trafficking, the picture is very different.
Can a drug charge be kept off my record?
In some circumstances yes, particularly for minor possession matters involving first-time offenders. A diversion program or non-conviction order may be available. We’ll advise on what is realistic in your specific case.
What should I do immediately after being charged?
Say nothing further to police. Do not discuss the matter with anyone except your lawyer. Contact us immediately. The early stages of a drug case are critical and what you say now is difficult to undo later.
This page is general information about drug offence law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
