Speak Directly To a Lawyer Now

1300 038 223
Open 7am - Midnight, 7 days
Or have our lawyers call you:
  • This field is for validation purposes and should be left unchanged.

Offences Involving Cannabis (Vic)


In Victoria, the maximum penalty for possession of cannabis is dependent on whether the court is satisfied that the accused was not in possession of a quantity of cannabis that is more than the small quantity applicable to cannabis and not for the purpose of trafficking.

If the court is satisfied that you did not possess the cannabis for trafficking purposes and it was not more than a small quantity, the maximum penalty is a fine up to 5 penalty units.

If the court is satisfied that you were in possession of the cannabis for trafficking purposes, the maximum penalty is a fine up to 400 penalty units or 5 years imprisonment.

The Offence of Possession Of Cannabis

The offence of possession of cannabis is contained in section 73 of the Drugs, Poisons and Controlled Substance Act 1981 which states:

‘A person who without being authorized by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so has or attempts to have in his possession a drug of dependence is guilty of an indictable offence.’

Cannabis is listed as a drug of dependence in Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981.

What is Possession?

Section 5 of the Drugs, Poisons and Controlled Substances Act 1981 states that unless an accused can prove otherwise, they will be deemed to have cannabis in your possession where it is:

  • On their land or premises occupied by them; or
  • Used, enjoyed or controlled by them.

An individual is also deemed to be in possession of cannabis if they have physical control or custody of the cannabis to the exclusion of others.

What Actions Might Constitute Possession of Cannabis?

A person may be charged based on:

  • Having cannabis in their pocket;
  • Having cannabis in the glovebox in a vehicle which is being driven by them and is registered by them and no one else uses that vehicle;
  • Having cannabis in a backpack being used by them and not being used or accessed by anyone else.

What Police Need to Prove

To convict a person of possession of cannabis, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • That the substance was in theirr possession; and
  • The substance was cannabis.

Traffic Cannabis

In Victoria, pursuant to section 71AC of the Drugs, Poisons and Controlled Substances Act 1981, the maximum penalty for Trafficking or Attempting to Traffick in cannabis is 15 years’ imprisonment. If the trafficking or attempt to traffick cannabis occurred at a school or within 500 metres of a school, the maximum penalty is 20 years’ imprisonment.

The Offence of Trafficking Cannabis

The offence of trafficking cannabis is contained in section 71AC of the Drugs, Poisons and Controlled Substances Act 1981 which states:

‘A person who, without being authorised or licenced under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence’.

What is Trafficking?

Under section 70 of the Drugs, Poisons and Controlled Substances Act 1981, ‘traffick’ in relation to cannabis includes:

  • Preparing cannabis for trafficking;
  • Manufacturing cannabis; or
  • Selling, exchange, agreeing to sell, offering for sale or having in possession for sale, cannabis.

This definition is not a complete list of all the acts that could amount to trafficking. The Courts have also defined trafficking to mean:

  • An activity performed in a commercial setting where it can be fairly inferred someone (not necessarily you) made a profit; or
  • That you participated in the progress of drugs from its source to the consumer.

What is a Traffickable Quantity?

Under section 70 of the Drugs, Poisons and Controlled Substances Act 1981, a ‘Traffickable Quantity’ of a drug of dependence is specified in Schedule 11 of the Act. The traffickable quantity for cannabis is 250 grams or 10 plants.

What Actions Might Constitute Trafficking Cannabis?

  • Selling cannabis to your friends; or
  • Having a traffickable quantity of cannabis in your backpack;

What Police Need to Prove

To convict a person of trafficking cannabis, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • They intentionally ‘trafficked’ or ‘attempted to traffick’ cannabis; and
  • The substance was cannabis.

Trafficking Cannabis – Commercial Quantity

In Victoria, pursuant to section 71AA of the Drugs, Poisons and Controlled Substances Act 1981, the maximum penalty for Trafficking or Attempting to Traffick Cannabis – Commercial Quantity is 25 years’ imprisonment.

What is a Commercial Quantity?

Under section 70 of the Drugs, Poisons and Controlled Substances Act 1981, a ‘Commercial Quantity’ of a drug of dependence is specified in Schedule 11 of the Act. The commercial quantity for cannabis is 25 kilograms or 100 plants.

What Police Need to Prove

To convict a person of trafficking cannabis – commercial quantity, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • THey intentionally ‘trafficked’ or ‘attempted to traffick’ cannabis;
  • That the substance was cannabis; and
  • That the substance that was cannabis was of a commercial quantity.

Trafficking Cannabis – Large Commercial Quantity

In Victoria, pursuant to section 71 of the Drugs, Poisons and Controlled Substances Act 1981, the maximum penalty for Trafficking or Attempting to Traffick cannabis – Large Commercial Quantity is life imprisonment and a maximum fine of 5000 penalty units.

What is a Large Commercial Quantity?

Under section 70 of the Drugs, Poisons and Controlled Substances Act 1981, a ‘Large Commercial Quantity’ of a drug of dependence is specified in Schedule 11 of the Act. The large commercial quantity for cannabis is 250 kilograms or 1000 plants.

What Police Need to Prove

To convict a person of trafficking in cannabis – large commercial quantity, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • They intentionally ‘trafficked’ or ‘attempted to traffick’ cannabis; and
  • That the substance was cannabis; and
  • That the substance that was cannabis was of a Large Commercial Quantity.

Possible Defences for Trafficking Cannabis

The following are defences to trafficking cannabis.

Use Cannabis

Using cannabis is an offence under section 75 of the Drugs, Poisons and Controlled Substances Act 1981, the maximum penalty is 5 penalty units.

What is Use?

Pursuant to section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981 ‘use’ in relation to a drug of dependence means:

  • Smoke a drug of dependence;
  • Inhale the fumes caused by heating or burning a drug of dependence; or
  • Introduce a drug of dependence into the body of a person.

What The Police Must Prove

To convict a person of using cannabis, the prosecution must prove beyond a reasonable doubt that you used or attempted to use cannabis.

Which Court Will Hear Your Matter?

An offence of using cannabis will be heard at the Magistrates’ Court.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Legal Hotline
Open 7am - Midnight, 7 Days
Call 1300 038 223