Offences Involving Ecstasy

In Victoria, the maximum penalty for possession of ecstasy is dependent on whether the court is satisfied that you were not in possession of ecstasy for the purpose of trafficking. Ecstasy is listed as a drug of dependence in Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

If the court is satisfied that you did not possess the ecstasy for trafficking purposes, the maximum penalty is a fine up to 30 penalty units or one year’s imprisonment.

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

The Offence of Possession of Ecstasy

The offence of possession of ecstasy 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’

Ecstasy 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 you can prove otherwise, you will be deemed to have ecstasy in your possession where it is:

• On your land or premises occupied by you; or
• Used, enjoyed or controlled by you.

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

What Actions Might Constitute “Possession of Ecstasy”?

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

What do the Police Need to Prove?

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

• That the substance was in your possession; and
• The substance was ecstasy.

Trafficking Ecstasy

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 ecstasy is 15 years’ imprisonment. If the trafficking or attempt to traffick ecstasy occurred at a school or within 500 metres of a school, the maximum penalty is 20 years’ imprisonment.

‘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 ecstasy includes:

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

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 ecstasy is 3 grams

What Actions Might Constitute Trafficking Ecstasy?

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

What Police Need to Prove

To convict you of Trafficking ecstasy, the prosecution must prove each of the following elements beyond a reasonable doubt:

• You intentionally ‘trafficked’ or ‘attempted to traffick’ ecstasy; and
• That the substance was ecstasy.

Trafficking Ecstasy – 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 in ecstasy – 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 ecstasy is 100 grams or 500 grams with mixed substances.

What do the Police Need to Prove?

To convict you of Trafficking ecstasy – Commercial Quantity, the prosecution must prove each of the following elements beyond a reasonable doubt:

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

Trafficking Ecstasy – 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 in ecstasy – 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 commercial quantity for ecstasy is 750 grams or 1 kilogram with mixed substances.

What do the Police Need to Prove?

To convict you of Trafficking in ecstasy – Large Commercial Quantity, the prosecution must prove each of the following elements beyond a reasonable doubt:

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

Use Ecstasy

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

What Constitutes ‘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 you of using ecstasy, the prosecution must prove beyond a reasonable doubt that you used or attempted to use ecstasy.

Which Court Will Hear Your Matter?

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

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