How Drug Quantities Are Set in Victoria
How is a commercial quantity of drugs calculated?
By reference to the amount set for each drug in Schedule 11. The Act lists, for every drug, the amount that counts as a commercial quantity, and the amount seized is compared to it. Understanding how a case proceeds helps you see why this measurement is so important, because it fixes the charge.
The figures differ by drug. A commercial quantity of one drug is a very different amount from another, so the calculation always starts with identifying the drug and finding its threshold in the schedule.
What are the three quantity thresholds?
There are three, each lifting the charge to a more serious level. The lowest is the traffickable quantity, then the commercial quantity, then the large commercial quantity, and the table below shows how they map to the charge.
| Threshold | Example (traffickable) | Charge it sets |
| Traffickable quantity | Cannabis 250g or 10 plants; heroin or cocaine 3g | Deemed trafficking (s71AC) |
| Commercial quantity | A much higher amount per drug | Commercial trafficking (s71AA) |
| Large commercial quantity | The highest amount per drug | Large commercial trafficking (s71) |
The traffickable figures shown are confirmed examples, while the commercial and large commercial thresholds are substantially higher amounts set separately for each drug. Because they differ so much between drugs, the exact figure should always be checked against the schedule, and our guide on what a commercial quantity means explains how they apply.
Weight, Mixtures and Combined Amounts
Is it the pure drug or the whole substance that counts?
Usually the whole substance. For most drugs, the quantity is measured by the mixed weight, meaning the total weight of the substance including anything the drug is mixed with, not just the pure drug. For some drugs, the pure weight is used instead.
This can make a significant difference. A substance that is heavily mixed can weigh far more than the pure drug it contains, so whether mixed or pure weight applies, and how it was measured, is often worth examining closely, as it can change the charge.
How are different drugs or amounts combined?
By aggregation. Amounts of the same drug found in different places can be added together, and in some cases quantities of different drugs can be combined so that, together, they reach a commercial threshold even where no single drug does. This is one way a charge can be more serious than it first appears.
Cannabis is treated a little differently, because it can be measured by weight or by the number of plants. As our guide on cannabis cultivation charges explains, the plant count can be as important as the weight in reaching a threshold.
Why Does the Calculation Decide the Charge?
Why does the quantity matter so much?
Because it sets the charge and the maximum penalty. The same conduct can be a lower-level trafficking offence or a commercial or large commercial one depending only on the quantity, and each step up carries a far higher maximum. That is why the calculation is so central to a trafficking case.
A small difference around a threshold can therefore change everything. Where the amount is near a threshold, exactly how it is measured can be the difference between two very different charges, which is why the quantity is rarely accepted without scrutiny.
Can the quantity be challenged?
Yes, in several ways. The weighing, the analysis, whether mixed or pure weight applies, and how amounts were combined can all be examined, and a successful challenge can reduce the charge. Where the measurement is wrong or contestable, it can support charges downgraded or dropped.
This is detailed work. Our team at drug offence defence examines the measurement and analysis closely, because on a trafficking charge the quantity is often where the real contest lies.
