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Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication. We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www. It is against the law to use, possess, cultivate or traffic a drug of dependence, including marijuana, heroin, amphetamines, cocaine, LSD and ecstasy. The penalties for using and possessing small quantities of illegal drugs are treated less seriously than for trafficking and cultivating drugs. Importing or exporting drugs is an offence under Commonwealth law. Possession is one of the most common drug offences. Possession means having a drug on you or in a house or property you occupy. This includes cannabis growing anywhere on the premises. You can be charged with possession if drugs are found in a car you own or you are driving. If you are caught with a small quantity of cannabis or heroin and it is your first offence , you will usually get a warning caution instead of being charged with the offence. The police informant makes this decision. You will have to agree to have drug counselling and to attend a drug treatment centre. If you do not go along as agreed, you may be charged by police later. For the police to prove a charge of possession in court, you must have known that the drug was there and have intended to possess it. Read How we can help before being interviewed by police. The penalties are much higher for trafficking an illegal drug. They depend on the quantity you have and how old you are. Cultivation is the offence of growing narcotic plants. These are cannabis, opium or cocoa plants. The maximum penalty depends on whether you are found guilty of trafficking as well. These are indictable offences. If you are charged with cultivation, read how we can help before being interviewed by police. Whether you are guilty depends on the exact facts and circumstances of your case. The magistrate will look at this in the courtroom. If the police charged you with possession of cannabis, they may also charge you with use of cannabis. Use includes smoking, inhaling fumes, injecting or swallowing an illegal drug. The police can charge you if they saw you using or trying to use cannabis. They can also charge you if they did not see you using but you told them you used it. It is still an offence to possess a quantity over 50 grams and under grams. It is more serious to have over 50 grams but not necessarily considered a traffickable quantity. If you have been charged with possessing more than grams of cannabis or more, the police may have also charged you with trafficking cannabis. If you have been changed with trafficking cannabis, speak with a lawyer. If you have a future court date, you may be eligible to get help to prepare before you go to court. You can request help online. The prosecution must have evidence that an offence occurred. For the offence of possession of cannabis, the police have to prove all of the following:. Getting diversion means your case is treated differently. It is normally for less serious cases. You must agree to certain conditions, such as doing the Cautious with Cannabis program. You do not get a criminal record. To get diversion you must admit that you broke the law. This includes everything in the statement of alleged facts. Tell the magistrate that you know you broke the law but you would like diversion. If the police have not recommended diversion for you, you can ask to adjourn put off the case. If you agree that you broke the law, you should tell the court that you are pleading guilty. During the court hearing, the prosecutor will read out the statement of alleged facts. The magistrate will find you guilty and give you a penalty. If you plead guilty the magistrate treats this as a sign that you are co-operating and may give you a less severe penalty. For more information visit our page Going to court — pleading guilty. If you believe that you did not break the law, or you disagree with what is in the statement of alleged facts, you must tell the prosecutor before your court date that you plan to plead not guilty. They will hold a summary case conference with you before your case is heard in court. If you still want to plead not guilty after the conference, tell the magistrate. The magistrate will adjourn put off your case for another day. You will come back to court for a contested hearing. When you come back the magistrate listens to evidence from you and the police before making a decision. You should have a defence. Saying that you did not know you were breaking the law is not a good enough defence. If you are pleading not guilty, get legal advice before the contested hearing. See Going to court — pleading not guilty. You may have a defence if:. If this is where police found the substance, you will have to prove to the magistrate that it was not yours. You can ask the magistrate to adjourn to put off your case if you have a good reason. For example, to ask police about diversion or get a lawyer. If you have not adjourned your case before and you are on summons, you may be able to get an adjournment without going into the courtroom. When you arrive at court, go to the counter and tell the staff you want an adjournment. If you are also found guilty of using cannabis, the magistrate could fine you up to five penalty units. This is on top of the fines for the possession charge. If you are found guilty of cannabis possession the magistrate may give you a fine. This depends on the amount of cannabis you pleaded guilty to possessing. If you pleaded guilty to possessing up to 50 grams of cannabis the magistrate could fine you up to five penalty units. If the police also charged you with using cannabis, and the magistrate found you guilty, the magistrate could fine you up to five penalty units. This is on top of the penalty units for the possession charge. You should tell the magistrate about your income and things you have to pay for, and whether you support a family. If you get a fine you can pay it straight away at court. If you do not pay the fine straight away, Fines Victoria will send you a Court fine collection statement. This will tell you how much you owe and when the fine is due. You can ask Fines Victoria for a payment plan if you cannot afford to pay the fine in one payment. If you do not pay the fine when it is due, Fines Victoria may increase the fine. The court can issue a warrant for your arrest. If you were charged with possession of cannabis, the magistrate can also put you on an undertaking to behave well for a certain amount of time. If you were charged with possessing other illegal drugs, such as heroin, cocaine or ecstasy you can be fined up to 30 penalty units. You could also be sent to jail for up to one year. You may need to convince the court that you did not possess the drug to sell, particularly if caught with a large quantity of the drug. If charged with possessing a large quantity of an illegal drug you may have to make the court believe that you did not possess the drug in order to sell traffic the drug. If the police took the cannabis, the prosecutor will apply to the court for a forfeiture order. This means that the police will not give the cannabis back to you. The court and the police can see your criminal record. Sometimes they can let other people know what is in your criminal record. A criminal record, especially with convictions, may make it harder for you to get some jobs or get visas to some countries. See Possible outcomes for traffic offences for more information about penalties and other outcomes. If you do not agree with the decision you can appeal to the County Court. You have 28 days to do this. Get legal advice before you decide. You could get a higher penalty. Courts recognise that people who are addicted to illegal drugs need help and support to overcome this. Updated 1 November Skip to main content. Drug possession It is against the law to use, possess, cultivate or traffic a drug of dependence, including marijuana, heroin, amphetamines, cocaine, LSD and ecstasy. On this page Drugs of dependence Possession of an illegal drug Drug trafficking Cultivation Going to court for possession of cannabis What are my options at court? What are the penalties if I am found guilty? Court support services Other support. It is against the law to use, possess, cultivate or traffic a drug of dependence. There are long lists of the kinds of drugs that are prohibited by law. Possession of an illegal drug Possession is one of the most common drug offences. Police caution If you are caught with a small quantity of cannabis or heroin and it is your first offence , you will usually get a warning caution instead of being charged with the offence. Drug trafficking You could be charged with trafficking drug of dependence if you are caught: with a large quantity of the drug preparing such as dividing the drugs into smaller packages or manufacturing a drug selling the drug buying drugs for a friend. Penalty for trafficking The penalties are much higher for trafficking an illegal drug. Cultivation Cultivation is the offence of growing narcotic plants. Going to court for possession of cannabis Cannabis is a drug of dependence and these drugs are illegal. Quantities of cannabis are defined as: small quantity — up to 50 grams traffickable quantity — grams or over, or 10 plants commercial quantity — 25 kilograms or over, or plants large commercial quantity — kilograms or more, or plants Whether you are guilty depends on the exact facts and circumstances of your case. Use of cannabis If the police charged you with possession of cannabis, they may also charge you with use of cannabis. Trafficking cannabis If you have been charged with possessing more than grams of cannabis or more, the police may have also charged you with trafficking cannabis. Help before court If you have a future court date, you may be eligible to get help to prepare before you go to court. What does the prosecution have to prove? For the offence of possession of cannabis, the police have to prove all of the following: the offence occurred at a certain time and place you are the offender you had a substance in your possession the substance was an illegal drug. What are my options at court? Admit to the charges and ask for diversion Getting diversion means your case is treated differently. Plead guilty If you agree that you broke the law, you should tell the court that you are pleading guilty. Plead not guilty If you believe that you did not break the law, or you disagree with what is in the statement of alleged facts, you must tell the prosecutor before your court date that you plan to plead not guilty. Possible defences You may have a defence if: the substance was not cannabis the substance was not in your possession. Fines The magistrate can give you a fine. This depends on the amount of cannabis you had. You can get: up to five penalty units for up to 50g of cannabis up to 30 penalty units or up to a year in jail for over 50 g but under g. Other penalties If you were charged with possession of cannabis, the magistrate can also put you on an undertaking to behave well for a certain amount of time. What else might happen if I am found guilty? Forfeiture If the police took the cannabis, the prosecutor will apply to the court for a forfeiture order. Criminal record What happens in court goes into your criminal record. This includes: the finding of guilt a conviction, if there is one penalties. Court support services Courts recognise that people who are addicted to illegal drugs need help and support to overcome this. Other support For more information, support and referrals, visit: Help at court Other support for going to court Other support for fines and infringements. I need legal information about. Back to top.

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Earlier this year, researchers raised eyebrows when Australia's traditionally conservative medicines regulator approved the use of psychedelics to assist therapy sessions. The decision will see psilocybin, found in magic mushrooms, used for treatment-resistant depression. The changes come into effect on Saturday, making Australia the first country to classify psychedelics as medicines at a national level. While initial access to the drugs will be limited and costly, many experts and patients are hailing it as a landmark moment. Marjane Beaugeois was diagnosed with severe depression in She couldn't eat, shower, or leave her house in Melbourne - but says prescription antidepressants left her 'zombie-like, unable to cry, self-soothe or feel better'. When her research for alternative therapies led her to a psilocybin clinic in Amsterdam, she was hesitant. As an addiction counsellor, I was always very against it,' she says. But she was also desperate to escape her treatment-resistant depression, so in , she booked herself in. The psilocybin was taken in a tea. I felt powerfully reconnected to the world; warm and fuzzy. I'm getting emotional just talking about it… it was a massive, beautiful experience of unconditional love. Three sessions later, she felt healed. When Glen Boyes suggested microdosing psychedelics to treat his crippling depression, his therapist was sceptical. The year-old veteran says he began experiencing 'lingering PTSD' from his time in the army, during Covid lockdowns in Sydney. But after 10 weeks of microdosing and therapy sessions, red areas on his initial brain scans showing blockages had cleared. I could think clearly again. Due to no other country rescheduling these substances for clinical use on a national level, the cohort who've experienced psychedelic therapy is small. Psychedelic researcher and psychiatrist Dr Ben Sessa described the approval as pioneering. Dr Sessa has resigned from his job running the UK's primary psychedelic clinical organisation and will spend the next 18 months travelling to Australia to deliver a bespoke psychedelic prescribing training programme. Other countries have explored psychedelics for compassionate use, including Switzerland, Canada, and Israel - where regulators have made similar decisions, although not nationally like in Australia. Psychedelic clinics also operate legally in countries including Jamaica and Costa Rica. But how Australia rolls out clinical prescriptions for both drugs, and at what price tag, will be closely watched. First developed as an appetite suppressant in , ecstasy was used in therapy sessions in the US until the mids when it was outlawed. It entered Australia in the s as a party drug due to its reported effects of increased energy, empathy, and pleasure, and was criminalised in In the s though, research slowly started up again - with recent trials finding that both MDMA and psilocybin can quickly improve symptoms of severe depression, though little is known about how they do this. Mind Medicine Australia MMA , a charity which lobbied for psychedelic treatments, is helping to train health professionals tasked with procuring and prescribing the drugs. To become an authorised prescriber, psychiatrists must apply to an ethics committee and to Australia's drugs regulator the Therapeutic Goods Administration TGA. They'll then need to source and supply both MDMA and psilocybin. Due to the prohibitive price tag, Dr Stephen Bright, senior lecturer at Edith Cowan University, says he doubts these treatments 'will be very widely available at all' for the first months. But with no planned government subsidies, the five-figure treatments are expected to remain unaffordable for most patients. Australia's major medical and mental health bodies are among the loudest voices pushing back against psychedelic treatments. According to MMA, the 'weight of submissions from thousands of Australians whose current mental health treatments just aren't working' helped get the TGA approval over the line. Both groups have called for larger-scale studies and better research into psychedelic treatments, warning of unknown risks, long-term side effects and 'potentially very limited benefits' from their use in therapy. He urged a 'cautious, considered and informed' approach, due to the 'potential for psychedelic substances to cause fear, panic and re-traumatisation'. It's also unclear, he argued, whether the results from psychedelic treatments stemmed more from the substances themselves, or the psychotherapy. There is more we need to know. Skip to content. US Election. MDMA: Australia begins world-first psychedelic therapy. Getty Images. Psilocybin is a key ingredient in magic mushrooms. But major health organisations have also urged caution. Marjane Beaugeois. Marjane Beaugeois centre says psilocybin helped her treat depression. Glen Boyes. Magic-mushroom drug can treat severe depression. Magic mushroom compound 'promising' for depression. MDMA could help trauma survivors face memories. Psychedelic therapy could 'reset' depressed brain. Mental health.

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