Police find drugs in a bag, a car or a bedroom, and the charge that follows decides almost everything that comes after it. Possession and trafficking can come out of the same search of the same bag. One is usually finalised in the Magistrates' Court and can end without a conviction. The other carries years of imprisonment.
This guide explains what possession and trafficking mean in Victoria, how the traffickable quantity rule works, and how the two sets of penalties compare. It covers charges under the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the law behind most drug offence charges heard in Victorian courts.
What Is Drug Possession Under Victorian Law?#
Possession is charged under section 73 of the Act. To make it out, the prosecution has to prove two things about the substance and your connection to it.
- It was a drug of dependence. These are the substances listed in Schedule 11 of the Act, which includes cannabis, heroin, cocaine, methylamphetamine and MDMA.
- You had it in your possession. That means you knew it was there and had control over it, whether it was on you or somewhere you control.
Possession covers more ground than most people expect. Under section 5 of the Act, anything found in or on premises you occupy is treated as being in your possession unless you satisfy the court otherwise. Drugs in a share house, a glovebox or a bedside drawer can therefore be put down to you even when they are not yours.
That deeming rule applies to possession charges only. It does not carry across to a trafficking charge built on the same drugs, which still has to be proved in the ordinary way.
What Is Considered Drug Trafficking?#
Trafficking does not require a street deal, a customer, or money changing hands. Section 70 of the Act defines the term broadly, and section 71AC creates the general trafficking offence.
Trafficking covers:
- Selling or exchanging a drug of dependence, or agreeing to sell it.
- Offering a drug for sale, even where no sale ever takes place.
- Having a drug in your possession for sale, which is where most trafficking charges start.
- Preparing a drug for any of those purposes, including weighing, mixing or splitting it into deals.
- Manufacturing a drug, or arranging any of these steps on someone else's behalf.
Scale is not the deciding factor. Passing drugs on to friends at cost, minding a package for someone, or splitting a bulk purchase can all fall inside the definition where there is a commercial element. Messages on your phone, cash, scales and resealable bags are the evidence police rely on most often to establish it.
What Is a Traffickable Quantity?#
This is the rule that turns a possession case into a trafficking case. Under section 73(2), having at least a traffickable quantity of a drug is treated as evidence on its face that you had it for sale.
The amounts are set in Schedule 11 of the Act. The most common ones are:
Drug | Traffickable quantity |
|---|---|
Cannabis | 250 grams, or 10 plants |
Heroin | 3 grams |
Methylamphetamine (ice) | 3 grams |
Cocaine | 3 grams |
These weights generally include whatever the drug is mixed with rather than the pure drug alone, so totals climb faster than people assume. For cannabis, a separate threshold matters at the lower end: 50 grams or less is treated as a small quantity and is charged accordingly.
Reaching the threshold does not decide the case. The prosecution still has to prove trafficking beyond reasonable doubt, and evidence that the drugs were for personal use can answer the presumption. The reverse is also true, because you can be charged with trafficking well under the threshold if the surrounding evidence points to sale.
How Do Penalties Compare?#
Victorian drug penalties are set out in the Act as maximums, and they separate sharply once trafficking is alleged.
Charge | Maximum penalty |
|---|---|
Possession of cannabis, 50 grams or less, not related to trafficking | 5 penalty units |
Possession not related to trafficking | 30 penalty units or 1 year imprisonment |
Possession for a purpose related to trafficking | 400 penalty units or 5 years imprisonment |
Trafficking (section 71AC) | 15 years imprisonment |
Trafficking at or within 500 metres of a school | 20 years imprisonment |
Trafficking a commercial quantity | 25 years imprisonment |
Trafficking a large commercial quantity | Life imprisonment |
A penalty unit is the figure Victorian fines are built from, and its dollar value is adjusted at the start of each financial year. Maximum penalties are reserved for the worst examples of an offence, so most matters are sentenced well below them.
Where your matter is heard also shifts the range. Possession is dealt with in the Magistrates' Court, usually at the court closest to where you were charged, and a first offence involving a small amount is often resolved by a caution or a diversion that leaves you without a conviction. Trafficking is an indictable offence that generally goes to the County Court, although a charge under section 71AC can stay in the Magistrates' Court where the quantity is below the commercial threshold, which usually means a lower sentencing range.
What This Means If You Have Been Charged#
The distance between a possession charge and a trafficking charge is the distance between a fine and a prison sentence, and it often turns on evidence that can be tested. The weight, what the drug was mixed with, whose drugs they actually were, and what the phone and cash really show are all open to challenge. That work needs to start before you answer police questions or enter a plea.
At Russo Lawyers, every matter is run personally by principal Sam Russo, a former Court Registrar at the Magistrates' Court of Victoria, across drug matters throughout Melbourne and regional Victoria. You speak with Sam directly on a free and confidential first call, with a same-day response and costs set out in writing before any work begins.
Call (03) 7040 9825, or book a free call to talk through your charge today.
Frequently asked questions
Yes. Trafficking includes having a drug in your possession for sale, offering it for sale, or preparing it for sale, so no actual transaction is needed. Police often build these charges from quantity, packaging and phone messages rather than a witnessed deal. The prosecution still has to prove a commercial purpose beyond reasonable doubt.
The traffickable quantity for cannabis is 250 grams, or 10 plants, under Schedule 11 of the Act. At or above that amount, the law treats the quantity as evidence on its face that the cannabis was held for sale. Below it, the charge is usually possession, and 50 grams or less is treated as a small quantity.
It happens regularly, usually through negotiation with the prosecution before a contested hearing. The argument turns on the strength of the commercial evidence, the reliability of the weight, and whether personal use explains the quantity. A charge that is reduced early can change the court your matter is heard in and the sentence that follows.
No. First offences involving small amounts are often dealt with by a police caution or a diversion program, both of which finish without a finding of guilt. Eligibility depends on your history, the quantity involved and whether the prosecution agrees. Where diversion is not available, a court can still resolve a matter without recording a conviction.
Anything found on premises you occupy can be treated as being in your possession unless you satisfy the court otherwise, which puts the burden on you to explain it. Evidence about whose room it was, who had access and whose fingerprints or messages connect to the drugs becomes central. These cases are often defendable, but they need early attention.
Possession charges are heard in the Magistrates' Court. Trafficking is an indictable offence normally heard in the County Court, though smaller trafficking matters can remain in the Magistrates' Court, which is generally the better outcome. Understanding how a Victorian criminal case moves through the courts helps you know what to expect at each stage.
