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Melbourne Criminal Defence Lawyers
Defence for drug possession, trafficking, cultivation, manufacture and importation charges across Melbourne and Victoria. Get urgent advice before a police interview, bail application or court date.
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Years Criminal Defence Experience
We defend people charged with drug possession, drug trafficking, cultivation, manufacture, and importation offences in Victorian courts. Whether you have just been charged, have a court date approaching, or need advice before a police interview, Lauren Tye can help.
Lauren Tye is admitted to practice in the Supreme Court of Victoria and the Supreme Court of South Australia. Lauren also spent years working for a leading London criminal law firm. She appears daily in Victorian and interstate courts and has personally represented hundreds of clients facing drug charges — from simple possession matters to serious trafficking allegations heard only in the County Court.
Select your charge below for detailed information on penalties, court process, and how Lauren can help.
Defence for possession and use of a drug of dependence under ss 73 and 75 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic). Penalties range from 5 penalty units to 1 year's imprisonment depending on the substance and quantity. Defended in the Magistrates' Court.
Representation for trafficking in a drug of dependence under s 71AC of the Drugs, Poisons and Controlled Substances Act 1981. Maximum penalty of 15 years' imprisonment, rising to 25 years for commercial quantity and life imprisonment for large commercial quantity. Defended in County Court and Supreme Court.
Defence for cultivating narcotic plants under s 72 of the Drugs, Poisons and Controlled Substances Act 1981. Maximum penalty of 15 years' imprisonment, rising to 25 years for commercial quantity. Defended in County Court and Supreme Court.
Representation for manufacture of a drug of dependence under s 72B of the Drugs, Poisons and Controlled Substances Act 1981. Maximum penalty of 25 years' imprisonment. Includes the manufacture of methamphetamine, MDMA, and other controlled substances. Defended in County Court and Supreme Court.
Defence for importing or exporting border-controlled drugs under Division 307 of the Criminal Code Act 1995 (Cth). Maximum penalty of life imprisonment for commercial quantities. These are federal offences prosecuted by the Commonwealth DPP. Defended in County Court and Supreme Court.
Defence for permitting premises for trafficking under s 76, possession of drug proceeds under s 82, and introducing drugs into a prison under s 32 of the Corrections Act 1986. Penalties range from 5 to 10 years' imprisonment. Defended in Magistrates' Court and County Court.
Maximum penalties under Victorian and Commonwealth law. Penalties shown are legislative maximums only and may differ for first and subsequent offences, by quantity, and by the circumstances of the case. Contact Lauren Tye for advice specific to your charge.
| Charge | Legislation | Threshold | Max Penalty | Typical Court |
|---|---|---|---|---|
| Trafficking | ||||
| Trafficking — Large Commercial Quantity | DPCSA s 71 | Large Commercial (Sch 11) | Life + 5,000 PU ($1,017,550) | Supreme / County |
| Trafficking — Commercial Quantity | DPCSA s 71AA(1) | Commercial (Sch 11) | 25 years | County |
| Trafficking — Criminal Organisation | DPCSA s 71AA(2) | Commercial (Sch 11) | Life + 5,000 PU | Supreme / County |
| Trafficking — General | DPCSA s 71AC(1) | General | 15 years | Magistrates' / County |
| Trafficking to a Child | DPCSA s 71AB(1) | Any quantity | 20 years | County |
| Supply to a Child | DPCSA s 71B(1) | Any quantity | 15 years or 1,000 PU | County |
| Violence to Cause Trafficking | DPCSA s 71AD | N/A | 5 years | Magistrates' / County |
| School Zone Aggravations | ||||
| Trafficking to Child (School Zone) | DPCSA s 71AB(2) | Within 500m of school | 25 years | County |
| Trafficking General (School Zone) | DPCSA s 71AC(2) | Within 500m of school | 20 years | County |
| Supply to Child (School Zone) | DPCSA s 71B(1A) | Within 500m of school | 20 years or 1,600 PU | County |
| Cultivation & Manufacture | ||||
| Cultivation — Large Commercial Quantity | DPCSA s 72 | Large Commercial (Sch 11) | Life + 5,000 PU | Supreme / County |
| Cultivation — Commercial Quantity | DPCSA s 72A | Commercial (Sch 11) | 25 years | County |
| Cultivation — Personal Use | DPCSA s 72B(a) | Small / Personal | 1 year or 20 PU | Magistrates' |
| Cultivation — Other | DPCSA s 72B(b) | General | 15 years | Magistrates' / County |
| Manufacture of Heroin etc. | DPCSA s 56 | N/A | 15 years | County |
| Possession, Use & Fraud | ||||
| Possession — Cannabis/THC (Small Quantity) | DPCSA s 73(1)(a) | Under Small Quantity | 5 PU (fine only) | Magistrates' |
| Possession — Personal Use | DPCSA s 73(1)(b) | Non-trafficking limb | 1 year or 30 PU | Magistrates' |
| Possession — Other | DPCSA s 73(1)(c) | General | 5 years or 400 PU | Magistrates' / County |
| Use — Cannabis/THC | DPCSA s 75(a) | Personal use | 5 PU (fine only) | Magistrates' |
| Use — Other Drugs | DPCSA s 75(b) | Personal use | 1 year or 30 PU | Magistrates' |
| Administration to Another Person | DPCSA s 74 | N/A | 1 year or 30 PU | Magistrates' |
| Obtaining Drugs by Fraud | DPCSA s 78 | False representation | 1 year or 20 PU | Magistrates' |
| Forging Prescriptions | DPCSA s 77 | N/A | 1 year or 20 PU | Magistrates' |
| Conspiring | DPCSA s 79 | N/A | Same as principal offence | Varies |
| Inciting | DPCSA s 80 | N/A | Same as principal offence | Varies |
| Supply, Handling & Related Offences | ||||
| Permit Premises for Trafficking | DPCSA s 72D(1) | N/A | 5 years | Magistrates' / County |
| Permit Premises for Cultivation | DPCSA s 72D(2) | N/A | 5 years | Magistrates' / County |
| Possession for Trafficking (equipment/documents/substances) | DPCSA s 71A | N/A | 10 years or 1,200 PU ($244,212) | Magistrates' / County |
| Possession of Document re Trafficking/Cultivation | DPCSA s 71E | N/A | 5 years | Magistrates' / County |
| Publication of Instructions | DPCSA s 71F | N/A | 10 years or 1,200 PU, or both | Magistrates' / County |
| Introducing a Drug into a Prison | Corrections Act 1986 (Vic), s 32 | N/A | 10 years | County |
| Paraphernalia & Precursors | ||||
| Possess Precursor Chemicals | DPCSA s 71D | N/A | 5 years or 600 PU | Magistrates' / County |
| Possess Tablet Press / Equipment | DPCSA s 71C | N/A | 5 years or 600 PU | Magistrates' / County |
| Display Ice Pipe | DPCSA s 80HB | N/A | 240 PU (natural person) / 600 PU (body corporate) | Magistrates' |
| Sell or Supply Ice Pipe | DPCSA s 80HC | N/A | 240 PU (natural person) / 600 PU (body corporate) | Magistrates' |
| Display Cocaine Kit | DPCSA s 80B | N/A | 60 PU (natural person) / 300 PU (body corporate) | Magistrates' |
| Sell Cocaine Kit | DPCSA s 80C | N/A | 60 PU (natural person) / 300 PU (body corporate) | Magistrates' |
| Display Cannabis Water Pipe / Bong Component / Bong Kit | DPCSA s 80U | N/A | 60 PU (natural person) / 300 PU (body corporate) | Magistrates' |
| Sell Cannabis Water Pipe / Bong Component / Bong Kit | DPCSA s 80V | N/A | 60 PU (natural person) / 300 PU (body corporate) | Magistrates' |
| Supply Cannabis Water Pipe / Bong Component / Bong Kit in Commercial Activity | DPCSA s 80W | N/A | 60 PU (natural person) / 300 PU (body corporate) | Magistrates' |
| Psychoactive Substances | ||||
| Produce a Psychoactive Substance | DPCSA s 56D | N/A | 2 years or 240 PU | Magistrates' |
| Sell or Supply a Psychoactive Substance | DPCSA s 56E | N/A | 2 years or 240 PU | Magistrates' |
| Advertise a Psychoactive Substance | DPCSA s 56F | N/A | 1 year or 120 PU | Magistrates' |
| Drug Driving | ||||
| Medicinal cannabis note: A valid prescription for medicinal cannabis is not a defence to a THC-positive roadside test. However, from 1 March 2025, magistrates may decide whether to cancel the licence of a person who tests positive for THC while using prescribed medicinal cannabis. This change does not affect the separate impairment offences, and fines and other penalties may still apply. | ||||
| Presence of Illicit Drug While Driving | RSA s 49(1)(bb) | Any presence | 12 PU · Min 6 months disq | Magistrates' |
| Driving Under the Influence (DUI) | RSA s 49(1)(a) | Impairment | 25 PU or 3 months · Min 12 months disq | Magistrates' |
| Driving Impaired by Drug | RSA s 49(1)(ba) | Impairment | 12 PU · Min 12 months disq | Magistrates' |
| Refuse Oral Fluid Test | RSA s 49(1)(ca) | N/A | 12 PU · Min 6 months disq | Magistrates' |
DPCSA s 71
Large Commercial (Sch 11)
Life + 5,000 PU ($1,017,550)
Supreme / County
DPCSA s 71AA(1)
Commercial (Sch 11)
25 years
County
DPCSA s 71AA(2)
Commercial (Sch 11)
Life + 5,000 PU
Supreme / County
DPCSA s 71AC(1)
General
15 years
Magistrates' / County
DPCSA s 71AB(1)
Any quantity
20 years
County
DPCSA s 71B(1)
Any quantity
15 years or 1,000 PU
County
DPCSA s 71AD
N/A
5 years
Magistrates' / County
DPCSA s 71AB(2)
Within 500m of school
25 years
County
DPCSA s 71AC(2)
Within 500m of school
20 years
County
DPCSA s 71B(1A)
Within 500m of school
20 years or 1,600 PU
County
DPCSA s 72
Large Commercial (Sch 11)
Life + 5,000 PU
Supreme / County
DPCSA s 72A
Commercial (Sch 11)
25 years
County
DPCSA s 72B(a)
Small / Personal
1 year or 20 PU
Magistrates'
DPCSA s 72B(b)
General
15 years
Magistrates' / County
DPCSA s 56
N/A
15 years
County
DPCSA s 73(1)(a)
Under Small Quantity
5 PU (fine only)
Magistrates'
DPCSA s 73(1)(b)
Non-trafficking limb
1 year or 30 PU
Magistrates'
DPCSA s 73(1)(c)
General
5 years or 400 PU
Magistrates' / County
DPCSA s 75(a)
Personal use
5 PU (fine only)
Magistrates'
DPCSA s 75(b)
Personal use
1 year or 30 PU
Magistrates'
DPCSA s 74
N/A
1 year or 30 PU
Magistrates'
DPCSA s 78
False representation
1 year or 20 PU
Magistrates'
DPCSA s 77
N/A
1 year or 20 PU
Magistrates'
DPCSA s 79
N/A
Same as principal offence
Varies
DPCSA s 80
N/A
Same as principal offence
Varies
DPCSA s 72D(1)
N/A
5 years
Magistrates' / County
DPCSA s 72D(2)
N/A
5 years
Magistrates' / County
DPCSA s 71A
N/A
10 years or 1,200 PU ($244,212)
Magistrates' / County
DPCSA s 71E
N/A
5 years
Magistrates' / County
DPCSA s 71F
N/A
10 years or 1,200 PU, or both
Magistrates' / County
Corrections Act 1986 (Vic), s 32
N/A
10 years
County
DPCSA s 71D
N/A
5 years or 600 PU
Magistrates' / County
DPCSA s 71C
N/A
5 years or 600 PU
Magistrates' / County
DPCSA s 80HB
N/A
240 PU (natural person) / 600 PU (body corporate)
Magistrates'
DPCSA s 80HC
N/A
240 PU (natural person) / 600 PU (body corporate)
Magistrates'
DPCSA s 80B
N/A
60 PU (natural person) / 300 PU (body corporate)
Magistrates'
DPCSA s 80C
N/A
60 PU (natural person) / 300 PU (body corporate)
Magistrates'
DPCSA s 80U
N/A
60 PU (natural person) / 300 PU (body corporate)
Magistrates'
DPCSA s 80V
N/A
60 PU (natural person) / 300 PU (body corporate)
Magistrates'
DPCSA s 80W
N/A
60 PU (natural person) / 300 PU (body corporate)
Magistrates'
DPCSA s 56D
N/A
2 years or 240 PU
Magistrates'
DPCSA s 56E
N/A
2 years or 240 PU
Magistrates'
DPCSA s 56F
N/A
1 year or 120 PU
Magistrates'
Medicinal cannabis note: A valid prescription for medicinal cannabis is not a defence to a THC-positive roadside test. However, from 1 March 2025, magistrates may decide whether to cancel the licence of a person who tests positive for THC while using prescribed medicinal cannabis. This change does not affect the separate impairment offences, and fines and other penalties may still apply.
RSA s 49(1)(bb)
Any presence
12 PU · Min 6 months disq
Magistrates'
RSA s 49(1)(a)
Impairment
25 PU or 3 months · Min 12 months disq
Magistrates'
RSA s 49(1)(ba)
Impairment
12 PU · Min 12 months disq
Magistrates'
RSA s 49(1)(ca)
N/A
12 PU · Min 6 months disq
Magistrates'
These rows are supported by the current authorised Victorian Act, including the 15-year / 1,000-PU maximum in s 71B(1), the 20-year / 1,600-PU school-zone maximum in s 71B(1A), the 10-year / 1,200-PU maximum in s 71F, the 240/600-PU ice-pipe penalties in s 80HB and s 80HC, the 60/300-PU cocaine-kit penalties in s 80B and s 80C, and the 60/300-PU cannabis water pipe / bong-related penalties in s 80U, s 80V, and s 80W.
Penalties are drawn from the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and the Criminal Code Act 1995 (Cth). Many matters resolve well below the maximum penalty. PU means Victorian penalty unit, currently valued at $203.51 for 2025–26, and adjusted annually by the Victorian Treasurer. This information is general only.
Victoria has a multi-tiered court system with over 51 Magistrates’ Court locations across the state. Most summary drug charges — including possession, use, and lower-level offences — are heard in the Magistrates’ Court closest to where the offence occurred or where the accused lives.
More serious charges such as trafficking in commercial quantities, large-scale cultivation, and drug manufacture are heard in the County Court of Victoria. The most serious matters — including large commercial quantity trafficking and Commonwealth importation offences — may be heard in the Supreme Court. Lauren Tye appears in all three court levels and regularly represents clients at courts across metropolitan Melbourne and regional Victoria.
How Lauren Tye has defended real clients facing drug charges in Victorian courts.
Our client, a university student with no prior criminal history, was charged with possession of a drug of dependence after police found a small quantity of cocaine during a routine search. They faced the prospect of a criminal conviction that would have affected their studies, travel plans, and future career.
Lauren Tye reviewed the police brief, prepared a comprehensive diversion application, and appeared at Melbourne Magistrates’ Court. The application included evidence of our client’s good character, their engagement with counselling, and the impact a conviction would have on their future.
The Magistrate granted diversion. Our client completed the program successfully and avoided a criminal record entirely.
Our client was charged with trafficking a drug of dependence in not less than a commercial quantity, following an extensive police investigation involving phone intercepts and surveillance. Our client had a prior criminal history for trafficking a drug of dependence and faced up to 25 years’ imprisonment.
Lauren Tye prepared comprehensive plea submissions, including the objective seriousness of the offending, and mitigating factors to be taken into consideration.
Lauren argued that in all the circumstances, the client should avoid a term of imprisonment and be placed on a Drug and Alcohol treatment order to address the underlying issues that contributed to the offending.
The Judge ultimately agreed, and imposed a drug and alcohol treatment order for 2 years, allowing the client to avoid ever stepping foot in prison.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
If you have been charged with a drug offence in Victoria, what you do before a police interview or first court date can affect your criminal record, your bail, and the outcome of your case. These are the first steps Lauren Tye recommends.
You have the right to silence and the right to a lawyer before any police interview. Anything you say can be used as evidence. Contact Lauren before answering any questions.
Police may ask to search your person, vehicle, or premises. Whether you are required to consent depends on the circumstances. Get legal advice before agreeing to any search.
Many people plead guilty at the first mention because they assume there is no alternative. A criminal defence lawyer can often identify options you are not aware of — including diversion, adjournments, negotiation, or contest.
Record the details of the incident, what police said to you, how any search was conducted, and any circumstances that may be relevant. Do this as soon as possible while your memory is fresh.
Character references, employment records, medical evidence, evidence of drug treatment or counselling, and proof of rehabilitation steps can all strengthen your case. Lauren will advise you on exactly what to gather.
Drug charges are criminal matters. They require a lawyer who understands criminal court procedure, evidence law, and sentencing in Victoria. Lauren Tye is available 24/7 on 0451 877 714.
Early legal advice can help you avoid unnecessary admissions, protect your position, and prepare properly for court.
Drug charges in Victoria can range from simple possession to serious allegations of trafficking, cultivation, manufacture, and importation. Even lower-level offences can lead to a criminal record, while more serious charges may carry substantial terms of imprisonment.
Lauren Tye is a criminal defence lawyer who represents clients charged with drug offences across Victorian courts. She advises on the strength of the prosecution case, identifies weaknesses in the evidence, and develops clear defence and sentencing strategies tailored to the circumstances of each matter.
If you have been charged with a drug offence, early legal advice can make a significant difference to the outcome.
Confidential advice for drug charges in Victoria. Lauren is available 24/7 for urgent matters, including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
No. A charge is an allegation, not a finding of guilt. Whether you receive a criminal record depends on how the matter is resolved. In some cases, there may be options to avoid a recorded conviction, including diversion where it is available and appropriate.
Penalties depend on the offence alleged. Drug matters can range from possession and use offences to more serious allegations involving trafficking, cultivation, manufacture, or importation. The outcome in any individual case will depend on the charge, the alleged facts, any prior history, and the way the matter is prepared and presented to the court.
Many drug matters are dealt with in the Magistrates’ Court, which hears summary offences, some indictable offences, and committal proceedings. More serious indictable drug matters may proceed to the County Court. The Supreme Court hears the most serious criminal cases.
As early as possible. If police want to speak with you, property has been seized, bail is in issue, or you have a court date approaching, early legal advice can be important. Advice obtained before a police interview or plea may affect the way the matter is handled from the outset.
Get legal advice as early as possible. Keep your charge sheet, bail papers, summons, and any material given to you by police, and do not make assumptions about the strength of the case. The steps taken early can affect how the matter is prepared and resolved.
Obtain legal advice before answering questions. Whether you should participate in an interview will depend on the allegation, the evidence police appear to have, and your particular circumstances. Early advice can help you avoid saying something that harms your position.
It is usually sensible to get advice before your first appearance. Early advice can help you understand the charge, the likely court process, whether any negotiations should occur, and how the matter should be approached from the start.
Some drug offences can result in imprisonment, particularly more serious allegations involving trafficking, cultivation, manufacture, or importation. Whether that is a realistic outcome in any individual case will depend on the charge, the quantity alleged, your role, your history, and how the matter is resolved.
Not always, but it can. Whether a matter results in a criminal record depends on the charge, the outcome, and the way the case is finalised. In some lower-level matters, there may be options to avoid a recorded conviction, depending on the circumstances.
Sometimes. That will depend on the available evidence, the way the charge has been laid, and whether there are weaknesses in the prosecution case. Charges are not withdrawn or reduced automatically, but careful review and early representation can matter.
That depends on the evidence, the charge, and your instructions. A plea should only be entered after the case has been reviewed properly and you understand the likely consequences. In some matters, the better course may be negotiation or contest rather than an early plea.
Potentially, yes. In some drug matters, issues arise about whether a warrant was properly obtained, how it was executed, and whether evidence was lawfully obtained and handled. Whether there is a real basis to challenge the search will depend on the facts of the case.
Those cases are often more complex than they first appear. Questions of knowledge, control, access, and who else was present can be important. The prosecution must still prove the relevant elements of the offence against the person charged.
They can. In more serious matters, bail may become an immediate issue, particularly where police oppose release. Some cases may also involve related issues concerning seized property, cash, or confiscation proceedings.
Possession generally concerns having custody or control of a drug. Trafficking is a more serious allegation and may involve selling, preparing for sale, distribution, or circumstances in which trafficking is alleged from the quantity or surrounding evidence. The distinction can be significant because the penalties are much more serious.
That depends on the seriousness of the allegation. Many less serious drug matters are dealt with in the Magistrates’ Court. More serious indictable matters may proceed to the County Court, and the most serious criminal matters may be heard in the Supreme Court.
There is no single timeframe. Some matters resolve relatively early, while others take much longer, particularly if they are contested or involve extensive forensic, phone, or other prosecution material. The likely duration usually depends on the charge, the volume of evidence, and the court involved.
Lauren Tye advises and appears in matters involving possession, use, trafficking, cultivation, manufacture, and importation allegations, as well as related issues such as bail, confiscation, and appeals where relevant. The focus is on strategic criminal defence representation across Victorian drug matters.
Fees depend on the seriousness of the allegation, the urgency of the matter, the court involved, and whether the case resolves by plea or proceeds to a contested hearing or trial. The best approach is to discuss the charge and likely work involved before any estimate is given.
Yes. Urgent advice can be important where police want to speak with you, property has been seized, bail is in issue, or a court date is approaching. Early advice can help you understand your options and protect your position from the outset.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
The court that hears a drug charge in Victoria depends on the nature and seriousness of the allegation. Less serious matters, including possession, use, and other summary drug offences, are usually dealt with in the Magistrates’ Court. More serious indictable matters, including trafficking, cultivation, and related offences, may proceed to the County Court. The most serious criminal matters may be heard in the Supreme Court of Victoria.
Lauren Tye appears in Magistrates’ Courts, the County Court, and the Supreme Court of Victoria for assault and violence matters across metropolitan Melbourne and regional Victoria.
Other practice areas: Traffic & Driving Offences·Drug Offences·Family Violence
