Drug Offences – VIC

Welcome to the VIC Possession of a drug of dependence article page. Everything you need to know about Possession of a drug of dependence according to VIC law.

What the Law States according to VIC Law for Possession of a drug of dependence

According to VIC Law for the charge of Possession of a drug of dependence,

Drugs, Poisons and Controlled Substances Act 1981 – SECT 73
Possession of a drug of dependence

73. Possession of a drug of dependence

(1) A person who without being authorized by or licensed under this Act or the regulations to do so has or attempts to have in his possession a drug of dependence is guilty of an indictable offence and liable-

(a) where the court is satisfied on the balance of probabilities that-

(i) the offence was committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol;

(ii) the offence was not committed for any purpose related to trafficking in cannabis or tetrahydrocannabinol-

to a penalty of not more than 5 penalty units;

(b) subject to paragraph (a), where the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in that drug of dependence-to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment; or

(c) in any other case-to a penalty of not more than 400 penalty units or to level 6 imprisonment (5 years maximum) or to both that penalty and imprisonment.

(2) Where a person has in his possession, without being authorized by or licensed under this Act or the regulations to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence.

The Maximum Penalty – Possession of a drug of dependence

According to VIC Law for the charge of Possession of a drug of dependence:

in the case of a small quantity of cannabis: 5 penalty units;

in a case where the court is satisfied possession was not for the purposes of trafficking: 30 penalty units and/or 1 year imprisonment;

in any other case: 400 penalty units and/or 5 years imprisonment.

What the Police must prove according to VIC Law for Possession of a drug of dependence

(a) The accused had possession of, or had attempted to possess, a drug of dependence.

(b) The accused was not authorised or licensed to possess the drug under the Drugs, Poisons and Controlled Substances Act 1981 or the regulations made thereunder.

Possible Defences under VIC Law – Possession of a drug of dependence

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent
(f) Mental impairment

In VIC which court will hear the matter – Possession of a drug of dependence

Magistrates’ Court

 

Date: 09/01/2009