Drug charges in Victoria range from minor possession through to serious trafficking allegations carrying lengthy prison sentences.
Early legal advice from an experienced Melbourne drug lawyer can make a material difference.
Drug offence lawyer Melbourne: strategic defence for possession, trafficking, and cultivation charges.
Drug offences in Victoria are primarily governed by the Drugs, Poisons and Controlled Substances Act 1981 (Vic), as well as Commonwealth offences under the Criminal Code Act 1995 (Cth). The seriousness of a charge depends on the type of drug and the quantity involved. Drugs involved in criminal charges typically include cannabis, methamphetamine (ice), cocaine, heroin, MDMA / ecstasy, GHB, and ketamine. Possession of equipment or allowing premises to be used for drug activity also carries substantial penalties.
Three primary strategies are available depending on the charge, the quantity, and your specific circumstances.
Best when speed matters and risk is low
If police conducted an illegal search or lacked a valid warrant, evidence may be ruled inadmissible. We scrutinise every aspect of the investigation: the search, the seizure, the chain of custody, and the laboratory analysis of the substance.
Best when facts are complex or disputed
Where the quantity is near a traffickable threshold, proving a lack of knowledge or that the substance was strictly for personal use can be critical to the outcome. We build the factual narrative that puts your conduct in its proper context.
Best when outcome must be robustly defended
For eligible first-time offenders, the Criminal Diversion Program may allow charges to be resolved without a finding of guilt and without a criminal record. Eligibility depends on offence type, quantity, police consent, and Magistrate approval.
Drug matters often begin with a police interview or search. Exercise your right to silence. Contact Sam before attending any police interview; even a casual conversation can be used as evidence.
After being charged, your first court date (the Mention) is set. Sam reviews the charge sheet and prosecution brief, identifies any weaknesses in the police case, and advises on plea and strategy.
Sam negotiates with the prosecution to explore charge amendments, diversion eligibility, or contested hearing directions. For complex matters, expert evidence (such as toxicology reports) may be engaged.
The matter is resolved: a contested hearing tests the prosecution evidence; a plea hearing presents your circumstances to achieve the best possible outcome; or diversion allows the charges to be dismissed upon completion of conditions.
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These are the questions our clients ask most often. Nothing too basic. Nothing off-limits.
Time-sensitive?
Do not wait. Early legal advice significantly changes outcomes in criminal matters. Call Sam directly on (03) 7040 9825 for a same-day response.
In Victoria, you have a right to silence. Aside from providing your name and address, you are not legally required to answer questions or make a statement. Contact Sam before attending any interview.
Police interviews are recorded and can be tendered as evidence in court. Even off-the-record chats carry legal risk. The right to silence exists precisely to protect you at this stage.
Yes, it is often possible through the Criminal Diversion Program. If the police and the Magistrate agree, you can complete certain conditions in exchange for the charges being dismissed without a finding of guilt.
Diversion is not automatic: it requires police consent and Magistrate approval. Early legal advice determines whether you are eligible and how to apply. For minor possession, a Drug Caution may alternatively be available.
A traffickable quantity is a specific weight of a drug (for example, 3g of cocaine or 250g of cannabis) that triggers a legal presumption that you intended to sell the drugs, even if you only intended them for personal use.
This presumption materially changes the defence strategy required. If you are charged near or above a traffickable quantity, legal advice is urgent. The burden of proof effectively shifts to you to rebut the presumption of trafficking.
Not necessarily. Under Victoria's Spent Conviction Scheme, many convictions will be spent (removed from your public record) automatically after 10 years for adults, provided you do not reoffend.
Some minor matters where no conviction was recorded are spent immediately. The scheme has exceptions for certain offences and roles. Sam can advise on the specific implications for your matter.
Sam appears regularly at Magistrates' Courts across Melbourne and regional Victoria. Pick the suburb closest to where the matter will be heard for court-specific guidance.
Free initial consultation. Same-day response to all matters.
Same-day response to all matters. Confidential consultation, no obligation.
Same-day response to all matters
samuel@russolaw.com.au