Drug Offences: frequently asked questions

Possession is holding a drug for personal use. Trafficking involves supply or intent to supply. The threshold between the two can be determined by the quantity held, packaging, and other circumstances. Trafficking carries significantly greater penalties.

Under the Drugs, Poisons and Controlled Substances Act 1981 (Vic), a person in possession of a trafficable quantity of a drug of dependence is presumed to possess it for trafficking unless they can prove otherwise. The trafficable quantities vary by drug type. Sam Russo can advise on the specific charge and quantity threshold that applies to your matter.

For eligible first-time offenders in Victoria, the Criminal Diversion Program may allow charges to be resolved without a finding of guilt and without a criminal record. Eligibility depends on the offence type, the police, and the Magistrate approval.

Diversion is available for some summary offences heard in the Magistrates' Court. Conditions typically include a donation, a letter of apology, or a counselling program. Not all matters qualify, and police consent is required alongside Magistrate approval. The opportunity for diversion is usually assessed at or before the first mention, making early legal advice essential.

Diversion may be available for eligible first-time offenders charged with minor drug possession. It allows the matter to be resolved without a finding of guilt and without a criminal record, subject to police and Magistrate approval.

Diversion is available in the Magistrates Court for qualifying summary offences, including minor drug possession in some circumstances. The opportunity arises early in proceedings and requires police consent. Sam Russo can assess eligibility at the initial consultation and advise whether to pursue diversion.

Drug trafficking in Victoria is a serious indictable offence. The maximum penalty varies by drug type and quantity, and can include significant terms of imprisonment. Early legal advice is critical.

Trafficking charges under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) can be heard in the Magistrates Court (for less serious matters) or committed to the County Court (for serious matters involving commercial quantities). Sam Russo has experience with trafficking matters across both courts.

A criminal conviction for a drug offence can affect employment, particularly in licensed trades, government positions, and professions regulated by law. The impact depends on the nature of the conviction and the employer requirements.

In some professions, such as healthcare, law, teaching, and security, a drug conviction may trigger mandatory disclosure obligations or affect fitness to hold a licence. Sam Russo can advise on the potential consequences for your specific employment situation as part of the overall defence strategy.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.