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Charged With Commercial Quantity Drug Trafficking in Victoria: What Happens Next?

Charged With Commercial Quantity Drug Trafficking in Victoria: What Happens Next?

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Commercial quantity drug trafficking in Victoria is a serious indictable offence under section 71AA of the Drugs, Poisons and Controlled Substances Act 1981, carrying up to 25 years imprisonment. It is dealt with in the County Court, and being charged sets in motion a committal and, usually, a contested process.

This guide explains what happens after you are charged with commercial quantity drug trafficking in Victoria, the penalties, which court hears the matter, the process, and how such a charge can be defended or reduced.

Written by

Lauren Tye

Principal Lawyer · Criminal Defence Lawyer

Legally reviewed by

Counsel

Independent legal review · September 2026

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Key takeaways

  • Commercial quantity trafficking is charged under section 71AA and carries up to 25 years.
  • It is a serious indictable offence, dealt with in the County Court.
  • Being charged usually leads to a committal and a contested process.
  • Bail is difficult, because it is a Schedule 1 offence requiring exceptional circumstances.
  • The quantity charged drives everything, so confirming it is the first step.
  • Early legal advice and strategy are essential given the seriousness.

Who this is for

Written for

  • People charged with commercial quantity drug trafficking in Victoria
  • Family members of someone facing a trafficking charge
  • Anyone wanting to understand what happens after being charged
  • People unsure how serious a commercial quantity charge is
  • Anyone preparing for a County Court drug matter

Not a substitute for

  • Legal advice about a specific trafficking charge
  • Representation at a committal, plea, or trial
  • Advice on the likely outcome for your particular facts
  • Advice about bail, which is dealt with separately
  • Advice about a large commercial quantity charge

Plain-English definitions

Trafficking

Selling, offering, preparing, or possessing a drug of dependence for sale.

Commercial quantity

A quantity set in Schedule 11 that lifts a trafficking charge to section 71AA.

Indictable offence

A serious offence dealt with in a higher court, here the County Court.

Committal

The process in the Magistrates' Court before an indictable matter goes to the County Court.

Drug of dependence

A drug listed under the Act, such as heroin, cocaine, methamphetamine, or cannabis.

Schedule 11

The schedule that sets the traffickable, commercial, and large commercial quantities.

Deemed trafficking

Where possessing a traffickable quantity is treated as evidence of trafficking.

Serious indictable offence

A serious charge, which affects bail and how the matter is run.

Legal process timeline

  1. 1

    Arrest and charge

    Police charge you under section 71AA after an investigation and, often, a search.

  2. 2

    The bail decision

    Bail is considered, and as a Schedule 1 offence it is difficult to obtain.

  3. 3

    The committal

    The matter passes through a committal in the Magistrates' Court.

  4. 4

    The brief and negotiations

    The prosecution brief is analysed, and any negotiation is explored.

  5. 5

    A plea or a trial

    With advice, you decide whether to plead guilty or contest the charge.

  6. 6

    The County Court

    The matter is dealt with in the County Court, by plea or trial.

  7. 7

    Sentence

    If found or pleading guilty, the court sentences within the range for the offence.

About this guide

Legal basis

This guide is based on the trafficking offence in section 71AA of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the commercial quantities in Schedule 11, and the committal and County Court process.

How this guide was prepared

Drafted for people charged with commercial quantity drug trafficking, based on the questions asked when someone faces one of the most serious drug charges.

Important limits

This article does not cover every situation. It does not specifically deal with:

  • Large commercial quantity trafficking, which is more serious again
  • The precise outcome for your individual facts
  • Bail, which is dealt with separately
  • The exact per-drug commercial quantity thresholds
  • Commonwealth drug importation offences

The outcome depends on the quantity, the strength of the case, and how the matter is run.

In-depth analysis

What a Commercial Quantity Trafficking Charge Means

What is commercial quantity drug trafficking?

It is trafficking a drug of dependence in a quantity that reaches the commercial threshold. Trafficking covers selling, offering, preparing, or possessing a drug for sale, and where the amount reaches the commercial quantity set in Schedule 11, it is charged under section 71AA. Understanding what happens after a charge helps you see how serious this is.

The quantity is what lifts the charge to this level. A smaller amount is trafficking under a different section, so the exact quantity, and how it is measured, is central. Our guide on what a commercial quantity means explains the thresholds.

What is the penalty for commercial quantity trafficking?

Up to 25 years imprisonment. Section 71AA carries a maximum of 25 years, which places it among the most serious offences in Victorian law, below only large commercial quantity trafficking. The table below sets out where it sits.

ChargeQuantityMaximum penalty
Trafficking a drug of dependence (s71AC)Below commercial15 years
Commercial quantity (s71AA)Commercial threshold25 years
Large commercial quantity (s71)Large commercial thresholdLife imprisonment

That maximum is not the automatic sentence, but it shows the seriousness. A charge at this level demands a carefully built defence and, where a plea is appropriate, thorough preparation for sentence.

What Happens After You Are Charged

What happens next after being charged?

The matter moves towards the County Court through a committal. Because commercial quantity trafficking is an indictable offence, it is not finalised by a magistrate. Instead, it passes through a committal in the Magistrates’ Court, where the prosecution case is tested, before proceeding up. Preparing for a plea or a trial begins with analysing the brief.

This early phase is where much of the work happens. The strength of the evidence, the lawfulness of any search, and the quantity are all examined, because they shape whether the matter is contested, negotiated, or resolved by plea.

Which court will hear your matter?

The County Court. Commercial quantity trafficking is dealt with in the County Court, which handles serious indictable offences, rather than the Magistrates’ Court. This is one reason the matter is so serious, and it affects everything from the timeline to the way the case is prepared.

Because it is a serious indictable offence, bail is also difficult, and cannabis matters at this level are treated with the same seriousness, as our guide on cannabis cultivation charges shows. The higher court setting means the case must be built accordingly from the start.

Can the Charge Be Reduced or Defended?

Can a commercial quantity charge be reduced?

Sometimes, depending on the facts. The quantity, the strength of the trafficking evidence, and the lawfulness of the search can all be in issue, and a charge may be reduced to a lesser trafficking offence, or defended, where the evidence does not support it. In one matter, careful work led to a trafficking charge resolved without imprisonment.

Whether the amount truly reaches the commercial threshold is often central. If the quantity is disputed, or the evidence of trafficking is weak, the charge itself can be challenged, which is where detailed analysis of the brief matters.

What should you do if you are charged?

Get legal advice immediately, because the stakes could not be higher. From bail through to the committal and any trial, the decisions made early shape the outcome, and our work on drug offence defence starts by testing the quantity and the strength of the case.

From there, the approach is methodical: analyse the brief, test the search and the evidence, and build either a defence or, where appropriate, thorough preparation for a plea. On a charge this serious, that early strategy is what protects your position.

Scenario-based guidance

If you dispute the quantity

Whether the amount reaches the commercial threshold is central, so it should be examined closely with legal advice.

If the search may have been unlawful

How the drugs were found can affect the evidence, so raise any concerns about the search early.

If you are in custody

Bail is difficult at this level, so a properly prepared application is important, made with legal advice.

If the evidence of trafficking is weak

The trafficking element must be proven, so a weak case can be challenged or negotiated.

If a plea may be appropriate

Thorough preparation for sentence matters, so start building your circumstances early.

If you are facing a large commercial charge instead

That is more serious again, so get advice specific to that charge.

Practical checklist

If you are charged with commercial quantity drug trafficking:
  • Get legal advice immediately.
  • Confirm exactly what quantity you are charged with.
  • Understand that this is a County Court matter.
  • Analyse the prosecution brief carefully.
  • Examine how the drugs were found and whether the search was lawful.
  • Consider whether the quantity truly reaches the commercial threshold.
  • Prepare a bail application if you are in custody.
  • Weigh a defence against a negotiated resolution.
  • Do not discuss the matter with others involved.
  • Attend every court date.

Common mistakes

  • Underestimating how serious a commercial quantity charge is.
  • Assuming a magistrate will finalise the matter.
  • Not testing whether the quantity reaches the threshold.
  • Overlooking whether the search was lawful.
  • Failing to analyse the prosecution brief in detail.
  • Discussing the matter with others who are involved.
  • Delaying legal advice on a serious charge.
  • Assuming the maximum penalty is the automatic sentence.
  • Not preparing properly for bail.
  • Treating the committal as unimportant.

Questions to ask your lawyer

Sources

Frequently asked questions

It is trafficking a drug of dependence in a quantity that reaches the commercial threshold set in Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981. Trafficking covers selling, offering, preparing, or possessing a drug for sale. Where the amount reaches the commercial quantity, it is charged under section 71AA and is very serious.

Up to 25 years imprisonment. Section 71AA carries a maximum of 25 years, placing it among the most serious offences in Victorian law, below only large commercial quantity trafficking, which carries life. The maximum is not the automatic sentence, but a charge at this level is treated with great seriousness.

The County Court. Because it is a serious indictable offence, it is not finalised in the Magistrates' Court. Instead, the matter passes through a committal in the Magistrates' Court and then proceeds to the County Court, which deals with serious indictable offences, for a plea or a trial.

Sometimes. The quantity, the strength of the trafficking evidence, and the lawfulness of the search can all be in issue. A charge may be reduced to a lesser trafficking offence, or defended, where the evidence does not support it. Whether the amount truly reaches the commercial threshold is often central.

It is difficult. Commercial quantity trafficking is a Schedule 1 offence under the Bail Act, so you must show exceptional circumstances before bail can be considered, and then satisfy the court there is no unacceptable risk. Bail is possible with a strong, well-prepared application, but it should be made with legal advice.

Authorship

Written by

Lauren Tye

Principal Lawyer, Lauren Tye Legal
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

Legally reviewed by

Senior Counsel

Independent legal review · September 2026
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

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Need Advice on Your Specific Situation?

The information on this page is general and is not legal advice. Speak with a criminal defence lawyer about your matter before making decisions about police, court, bail, plea, or prosecution.