Drug Offences – VIC

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

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

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

Drugs, Poisons and Controlled Substances Act 1981 – SECT 75
Use of drug of dependence

75. Use of drug of dependence

A person who, without being authorized by or licensed under this Act or the regulations to do so uses or attempts to use a drug of dependence is guilty of an offence against this Act and liable-

(a) where the court is satisfied on the balance of probabilities that the offence was committed in relation to cannabis or tetrahydrocannabinol-to a penalty of not more than 5 penalty units; and

(b) in any other case-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.

The Maximum Penalty – Use of a drug of dependence

According to VIC Law for the charge of Use of a drug of dependence, 1 year / 30 penalty units.

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

(a) The accused used or attempted to use a drug of dependence.

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

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

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

Magistrates’ Court

 

Date: 09/01/2009