Home

Insights

First Drug Possession Charge in Victoria: Can You Get Diversion?

First Drug Possession Charge in Victoria: Can You Get Diversion?

Direct answer

Often, yes. A first drug possession charge in Victoria is frequently suitable for diversion, which lets you complete a plan and have the charge resolved without a conviction or a finding of guilt. It is a pre-plea option aimed at first-time offenders, so it is well worth pursuing.

This guide explains whether you can get diversion for a first drug possession charge in Victoria, the penalties, how diversion works, who is eligible, and how it keeps your record clean.

Written by

Lauren Tye

Principal Lawyer · Criminal Defence Lawyer

Legally reviewed by

Counsel

Independent legal review · September 2026

Read

Published

Updated
Reviewed

On this page

Key takeaways

  • A first drug possession charge is often suitable for diversion.
  • Diversion resolves the charge with no conviction and no finding of guilt.
  • It is a pre-plea option, so it is decided before you plead.
  • You must take responsibility, and the prosecution must consent.
  • Diversion is aimed at first-time offenders, which makes a first charge a strong candidate.
  • Completing diversion leaves no criminal record.

Who this is for

Written for

  • People facing a first drug possession charge in Victoria
  • Anyone wanting to avoid a conviction for possession
  • People unsure whether they are eligible for diversion
  • Anyone worried about a criminal record from a first charge
  • Family members supporting someone facing a first charge

Not a substitute for

  • Legal advice about a specific possession charge
  • Representation at court or a diversion application
  • Advice on your eligibility for diversion
  • Advice about a trafficking charge, which is different
  • Advice about a matter with prior offending

Plain-English definitions

Possession

Having a drug of dependence in your custody or control, typically for personal use.

Diversion

A pre-plea program that resolves a charge without a conviction or a finding of guilt.

Criminal Justice Diversion Program

The Magistrates' Court program that allows eligible people to be diverted.

Drug of dependence

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

Conviction

A formal finding recorded against you, which diversion avoids.

Cannabis caution

A police caution that can resolve a small first cannabis matter without court.

Pre-plea

An option available before you enter a plea of guilty or not guilty.

First-time offender

A person with no, or no relevant, prior criminal history.

Legal process timeline

  1. 1

    The charge

    You are charged with possessing a drug of dependence, usually by summons.

  2. 2

    The first court date

    The matter is listed in the Magistrates' Court, where diversion is considered.

  3. 3

    Assessing eligibility

    Your suitability for diversion is assessed, including whether you take responsibility.

  4. 4

    Prosecution consent

    The prosecution must agree for diversion to proceed.

  5. 5

    The diversion plan

    You complete a plan, such as a course, counselling, or a donation.

  6. 6

    Completion

    On completing the plan, the charge is resolved without a conviction.

  7. 7

    The clean record

    No conviction and no finding of guilt is recorded.

About this guide

Legal basis

This guide is based on the possession offence in section 73 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and the Criminal Justice Diversion Program under the Criminal Procedure Act 2009.

How this guide was prepared

Drafted for people facing a first drug possession charge, based on the questions asked about avoiding a conviction through diversion.

Important limits

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

  • Trafficking charges, which are far more serious
  • The precise outcome for your individual facts
  • Matters where there is prior or relevant offending
  • The exact current dollar value of a penalty unit
  • Commonwealth drug offences

Whether diversion is available depends on the charge, your history, and how the matter is approached.

In-depth analysis

Drug Possession and Diversion in Victoria

What is the penalty for a first drug possession charge?

For a small amount for personal use, the penalty is at the lower end. Possession of a drug of dependence is an offence under section 73, and for a small quantity where the court is satisfied it was not for sale, the penalty is modest, though the general maximum is much higher. Understanding being charged in Victoria helps you see where a first possession charge sits.

The headline maximum, though, is not what a first-time offender typically faces. For a genuine first possession of a small amount, the realistic outcomes are far lighter, and often avoid a conviction entirely.

What is diversion, and can you get it?

Diversion is a program that resolves the charge without a conviction, and a first possession charge is often suitable. Under the Criminal Justice Diversion Program, an eligible person completes a plan, such as a course, counselling, or a donation, and the charge is resolved with no conviction and no finding of guilt. Because it leaves no record, it is worth understanding how diversion affects your record.

Diversion is aimed primarily at first-time offenders, which makes a first drug possession charge a strong candidate. It is not automatic, but for a genuine first offence it is often the best possible outcome.

Getting Diversion for a First Offence

Who is eligible for diversion?

Eligibility turns on a few conditions. You must take responsibility for the offending, the prosecution must consent, and the court must consider diversion appropriate. It is a pre-plea option, so it is decided before you enter any plea, which is why timing matters so much. The table below sets out the common outcomes for a first possession.

OutcomeWhat it meansConviction?
Cannabis cautionA police caution for a small first cannabis matterNo
DiversionComplete a plan, and the charge is resolvedNo
Good behaviour bondA promise to be of good behaviourOften not
FineA monetary penaltyWith or without a conviction

Because diversion sits at the top of this list for a first offence, protecting your access to it is a priority, and that starts with getting advice before you plead.

How does diversion keep your record clean?

By resolving the charge without any conviction or finding of guilt. When you complete a diversion plan, there is no conviction recorded and no finding that you are guilty, so the matter does not appear as a conviction on your record. This is what makes diversion so valuable, particularly for work and travel.

The contrast with a conviction is significant. A recorded conviction can affect employment and other opportunities for years, so avoiding one through diversion protects your future in a way a plea may not, which is why understanding how long a record lasts matters.

How Do You Make the Most of a First Charge?

What can affect whether you get diversion?

Several things, which is why preparation helps. Taking genuine responsibility, having no relevant history, the nature and amount of the drug, and the prosecution’s view all affect whether diversion is granted. Presenting the matter well, and showing the offending was out of character, supports the application. A case study shows a diversion granted on serious charges where the matter was well prepared.

The way the matter is approached from the start is often decisive. Because diversion depends on prosecution consent and the court’s view, a considered approach that puts your best case forward improves the prospects.

What should you do if you are charged?

Get advice before your first court date, and do not rush to plead. Because diversion is a pre-plea option, pleading guilty too early can close off the very outcome you want, and our work on drug offence defence focuses on protecting your access to diversion and a clean record.

From there, the steps are practical: confirm the charge, take responsibility where the facts support it, and prepare your circumstances. For a first possession, that preparation is often the difference between diversion and a conviction that lingers.

Scenario-based guidance

If it is your first possession charge

Diversion is often available, so ask about it before entering any plea.

If the amount was small and for personal use

This supports diversion, so make sure the personal-use context is clear.

If it was a small amount of cannabis

A police caution may resolve it, so check whether that applies.

If you want to avoid a conviction

Diversion avoids a conviction entirely, so make it a clear goal from the start.

If you are tempted to plead guilty quickly

Get advice first, because an early plea can close off diversion.

If you have prior offending

Diversion may be harder, so get advice about your realistic options.

Practical checklist

If you are facing a first drug possession charge:
  • Get legal advice before your first court date.
  • Confirm you are charged with possession, not trafficking.
  • Ask specifically whether diversion is available.
  • Do not plead guilty before getting advice.
  • Take genuine responsibility if the facts support it.
  • Make avoiding a conviction a clear goal.
  • Prepare your circumstances to support the application.
  • Check whether a cannabis caution applies.
  • Note any steps you have taken, such as counselling.
  • Attend every court date.

Common mistakes

  • Pleading guilty quickly and closing off diversion.
  • Not asking whether diversion is available.
  • Assuming a conviction is inevitable.
  • Confusing possession with a trafficking charge.
  • Overlooking a cannabis caution for a small matter.
  • Failing to take genuine responsibility.
  • Treating a first charge as too minor for advice.
  • Not preparing to support a diversion application.
  • Assuming diversion is automatic without conditions.
  • Leaving legal advice until the day of court.

Questions to ask your lawyer

  • Am I charged with possession or trafficking?
  • Is diversion available for my matter?
  • What do I need to do to be considered for diversion?
  • Can I avoid having a conviction recorded?
  • Does a cannabis caution apply to my matter?
  • What can I do to improve my chances of diversion?
  • Should I plead guilty, or is there a better path?
  • What happens if diversion is not granted?
  • What will show up on a police check afterwards?
  • What should I do before court?

Sources

Frequently asked questions

Often, yes. A first drug possession charge is frequently suitable for the Criminal Justice Diversion Program, which lets you complete a plan and have the charge resolved without a conviction or a finding of guilt. It is aimed at first-time offenders, so a genuine first possession is a strong candidate.

Possession of a drug of dependence is an offence under section 73. For a small amount for personal use, where the court is satisfied it was not for sale, the penalty is modest, although the general maximum is much higher. A first-time offender with a small amount rarely faces anything near the maximum.

No. Completing a diversion plan resolves the charge with no conviction and no finding of guilt, so it does not appear as a conviction on your record. This is what makes diversion so valuable for a first offence, because it protects your employment and travel prospects in a way a plea may not.

Eligibility turns on taking responsibility for the offending, the prosecution consenting, and the court considering diversion appropriate. It is aimed at first-time offenders and is a pre-plea option, decided before you plead. The nature and amount of the drug and your history also affect whether it is granted.

Not before getting advice. Diversion is a pre-plea option, so pleading guilty too early can close off the chance of avoiding a conviction. Getting legal advice before your first court date protects your access to diversion, which is usually the best outcome for a genuine first possession.

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.

What Happens at Your First Court Date?

Can You Avoid a Criminal Conviction in Victoria?

Share this article

Keep reading

Driving while suspended in Victoria is a criminal offence under section 30 of the Road Safety Act 1986, carrying up to 240 penalty units or 2 years imprisonment. It is heard in the Magistrates’ Court, though a suspension for unpaid Fines Victoria fines is treated less seriously.
A driving while disqualified charge in Victoria can be defended. Real defences include an honest and reasonable mistake that you were entitled to drive, that you were not the driver, or that you were not actually disqualified. Each turns on the facts and the evidence.
Yes, you can go to prison for repeat driving while disqualified in Victoria. The offence carries up to 2 years imprisonment under section 30 of the Road Safety Act 1986, and repeat offending moves imprisonment from unlikely to a real prospect, though it is not automatic.

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.