Charged with a drug offence or contacted by police about an investigation? Drug matters can escalate quickly, from simple possession to serious indictable offences such as trafficking or manufacture. Early legal advice is critical. What you say in a police interview, and how your case is prepared from the outset, can significantly affect the outcome.
Our criminal law team, led by an LIV Accredited Specialist in Criminal Law, represents clients charged with all drug‑related offences across Melbourne and regional Victoria. We appear daily in the Magistrates’ Court, County Court, and Supreme Court.
Drug Offences in Victoria — What You Need to Know
Drug offences in Victoria range from low‑level possession through to serious indictable offences involving trafficking, cultivation, and manufacture. Penalties vary widely depending on:
- The type of substance
- The quantity (traffickable, commercial, large commercial)
- Whether the allegation involves trafficking or supply
- Your prior history
- Whether the matter is linked to organised activity
Common drug offences include:
- Possession of a drug of dependence
- Use of a drug of dependence
- Trafficking in a drug of dependence
- Possession for the purpose of trafficking
- Cultivation of cannabis
- Manufacture of a drug of dependence
- Importation offences (Commonwealth)
Many cases turn on issues such as knowledge, possession, intent, and the reliability of police procedure.
Drug Possession
Possession is one of the most common drug charges. Police must prove you:
- Knew the substance was present
- Had control over it
- Knew it was a drug of dependence
Possession does not require ownership. Drugs found in shared spaces, vehicles, or borrowed clothing often raise significant legal issues.
For first‑time, low‑level possession matters, diversion may be available, avoiding a criminal record entirely.
Drug Trafficking
Trafficking is treated far more seriously and can be proven in several ways:
- Selling or supplying drugs
- Possessing drugs in a traffickable quantity
- Preparing, packaging, or transporting drugs
- Having equipment or materials used for trafficking
Police often rely on:
- Phone downloads
- Text messages and social media
- Surveillance
- Covert recordings
- Financial records
- Drug purity and weight analysis
We carefully examine whether the evidence truly supports trafficking, or whether the charge can be reduced to possession.
Drug Manufacture & Cultivation
Manufacture and cultivation offences are indictable and often heard in the County Court. These matters may involve:
- Hydroponic cannabis setups
- Chemical processes
- Precursors and equipment
- Allegations of commercial or organised activity
Police must prove you intentionally took part in the process, mere presence at a property or proximity to equipment is not enough. We challenge assumptions about involvement, knowledge, and control.
How Our Drug Offence Lawyers Help
Assess the Evidence and Identify Defences
We obtain and review the prosecution brief, including:
- Search warrant materials
- Forensic analysis
- Phone downloads
- Surveillance
- Witness statements
- Drug purity and weight reports
We advise you on:
- Whether police can prove possession or knowledge
- Whether trafficking can be challenged
- Whether the search was lawful
- Whether evidence can be excluded
- Whether the matter should be contested or negotiated
Defending Drug Charges
Where you deny the allegations, we prepare a structured defence strategy. This may include:
- Challenging the legality of search warrants
- Excluding unlawfully obtained evidence
- Challenging drug weights, purity, or forensic testing
- Arguing lack of knowledge or possession
- Challenging assumptions about trafficking intent
- Calling expert witnesses
Negotiating Charges and Outcomes
Many drug matters resolve through negotiation. We regularly:
- Seek withdrawal of charges where evidence is weak
- Negotiate reductions (e.g., trafficking → possession)
- Pursue diversion for eligible possession matters
- Prepare detailed plea submissions to minimise penalties
Strong rehabilitation steps, counselling, treatment, clean drug screens can significantly improve outcomes.
Bail and Drug Offences
Drug offences often raise bail issues, especially where:
- Trafficking or commercial quantities are alleged
- Police allege ongoing offending
- There is a history of drug‑related matters
We prepare urgent bail applications and address any alleged risks, including reoffending, interference with witnesses, or flight risk.
Where We Appear
Our criminal lawyers appear in drug matters across Melbourne and Victoria, including:
- Magistrates’ Courts: Ringwood, Moorabbin, Dandenong, Frankston, Heidelberg, Broadmeadows, Sunshine, La Trobe Valley, and others
- County Court of Victoria: Trafficking, cultivation, and manufacture matters
- Supreme Court of Victoria: Large commercial quantity and the most serious indictable drug offences
We also attend police stations and remand centres for urgent advice.
Legal Aid — Criminal Law Panel
Johnstone & Reimer is on the Victoria Legal Aid Summary Crime Panel and Indictable Crime Panel. You may be eligible for legal aid depending on your financial circumstances and the seriousness of the charges. We can assess your eligibility quickly and assist with the application.
If you are not eligible, we offer competitive privately funded rates with no difference in the level of representation.
Frequently Asked Questions
Will I go to jail for a drug offence
It depends on the type of offence, the quantity, and your prior history. Low‑level possession often avoids jail. Trafficking, cultivation, and manufacture carry higher risks, but strong mitigation, rehabilitation, and early preparation can significantly improve outcomes.
Can I get diversion for drug possession?
Yes, diversion is often available for first‑time, low‑level possession matters. It avoids a criminal record entirely. We assess your eligibility and prepare submissions to support your application.
What if the drugs weren’t mine?
Possession requires knowledge and control. If the prosecution cannot prove you knew the drugs were present or had control over them, you cannot be found guilty. We examine the evidence closely and challenge assumptions made by police.
Can trafficking charges be reduced?
Yes, in many cases. If the evidence does not support trafficking (e.g., no sales, no messages, no packaging), we negotiate reductions to possession or lesser offences.
What if the search was unlawful?
If police did not comply with search warrant requirements or exceeded their powers, evidence may be excluded. We carefully review warrant materials and challenge unlawful searches.
Speak to a Drug Offence Lawyer Now
Drug matters move quickly — from police interviews and search warrants to first court dates. Getting advice early can protect your rights and improve your outcome.
Call our criminal law team directly for a free consultation on 0483 949 747 or book an appointment online by filling out this form and a member of our team will contact you within 2 business hours:
