Drug laws
The Federal Customs Act covers the importing of drugs while each state has laws governing the manufacture, possession, distribution and use of drugs, both legal and illegal. Drug laws in Australia distinguish between those who use drugs and those who supply or traffic drugs. Victoria Police recently introduced a cannabis cautionary scheme for those caught using cannabis for the first time. Under this scheme first time offenders are formally cautioned by police then referred to a drug treatment centre. Police have also begun trialling a cautionary scheme for heroin and other illicit drugs.
The Drugs, Poisons and Controlled Substances Act (DPCSA) includes these major drug offences: use, possession, cultivation, and trafficking:
Use includes smoking, inhaling of fumes, or otherwise introducing a drug of dependence, into a person's body (including another person's body). (A drug is defined as a "drug of dependence" if listed as illegal except under prescribed conditions.) Generally there is a lesser penalty for the use of cannabis compared to other drugs. Victoria Police recently introduced a cautionary scheme for those caught using cannabis for the first time. Under this scheme first time offenders are formally cautioned by police then referred to a drug treatment centre. Police have also begun trialling a cautionary scheme for heroin and other illicit drugs.
Possession is the most common offence. Possession means having control or custody of a drug. Knowledge of such possession must be proven in court. Possession applies both to drugs found on the person or their property, unless it is proven the drugs do not belong to that person. In Victoria, those found in possession of a small quantity of cannabis (50g or less) for the first time are cautioned formally then referred to a drug treatment centre. The penalty for the possession of any drugs not related to trafficking is $3000 or one years imprisonment or both.
Cultivation is the act of sowing, planting, growing, tending, nurturing or harvesting a narcotic plant. Any of these activities constitutes the offence of cultivation. If a person cultivates 'a trafficable quantity', or intends to sell even a small quantity it is likely that charges for possession, cultivation and trafficking will be laid.
In Victoria if the court is satisfied that the cultivation is not related to trafficking, then the penalty is a fine not more than $2,000 and/or imprisonment not longer than 1 year. If the cultivation is related to trafficking the penalty is a maximum of 15 years imprisonment or $100,000 fine or both.
Trafficking is a very serious offence. (The DPCSA defines trafficking to include: the preparing of a drug of dependence for trafficking; manufacturing a drug of dependence, or selling, exchanging, agreeing to sell, or offering for sale, or having in possession for sale, a drug of dependence.) If this is done in commercial quantities, the penalties are extremely severe. Bail may be refused unless there are exceptional circumstances. The criminal charge of murder is the only other offence that has a similar bail condition. In Victoria, the penalty for trafficking a commercial quantity of a drug of dependence, is a maximum of 25 years imprisonment and up to a $250,000 fine.
