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For free and confidential legal advice about this topic, please contact us here. Penalties for drugs can be difficult to understand. For some offences young people under 18 can be punished as an adult. Check out our other teen issues pages for info on alcohol and smoking. At school : All schools, both government and private have rules on drugs. Generally, being involved in drugs is taken very seriously at school and you could be suspended or expelled. The school might also contact the Police. The police : Basically, the police can charge you with 4 types of drugs offences:. It is an offence to possess illegal drugs. These are the offences where the police catch you with drugs in your pockets or in your bag or room etc. These are the most common drugs offences. The law says that if an illegal drug is found in your house or unit etc, you will be guilty of possession if the police can prove that you had physical control or custody of the drug or that you had knowledge of the presence of the drug or an intention to possess it. So if drugs are found in your room, or your car, or your garden etc. Generally, the smaller amount of drugs you have, the less trouble you will be in. It is an offence to cultivate grow and take part in the cultivation of, an illegal plant, like Cannabis Marijuana. These are the offences where you actually do the gardening stuff involved in growing the Marijuana bushes or do the chemical stuff involved in actually making the tablets. Both the cultivation of prohibited plants and the manufacture making of prohibited drugs are illegal. The amount of drugs you have will affect how much the fine will be or how long the prison term will be. The kinds of things police look for to prove a person is trafficking include:. If you have a large amount of drugs on you or at your place, the police will probably think that you were not going to use all the drugs yourself, and that you must have been planning to sell them to other people. If your drugs are over a certain weight even if you say that they were for your personal use , then the court will presume that you were supplying unless you can prove otherwise. The penalty for drug trafficking can include a maximum of 15 years in jail. Trafficking to a minor a person under the age of 18 carries 20 years imprisonment. Basically, the more drugs the police find, the more trouble you could be in. When you are found with more than the minimum quantities listed of each drug, you move from being a user, to being deemed a supplier. There are different categories of offences depending on how much the drugs in your possession weigh. These categories are called trafficable and commercial. If you are found with a trafficable amount of drugs you will be in serious trouble. The penalty for trafficking a commercial quantity is up to 25 years to life imprisonment. The police can decide not to charge you for minor drugs offences. Instead of charging you, the police can issue a f ormal police caution. These are usually given for relatively minor offences, such as using an illegal drug or possessing no more than 50 grams of cannabis or small quantities of other illegal drugs or possessing a bong to smoke illegal drugs, can be dealt with by a caution if the police choose. The caution is not usually given on the spot but usually occurs a week or so later at a police station or elsewhere with your parents or guardians present. The police must accept that the drugs are for your own use rather than supply, this must be your first offence, you must admit guilt, agree to attend a drug program and there must be no other offences committed or suspected that would require you to go to court anyway. A person gets up to two cautions only. Any further offences will result in more serious punishment. The police can only search you at school if the principal agrees. Police can also search you if you are under 18 and they suspect you are going to inhale a volatile substance chroming. If the police find any substances, they can take them from you. If you are searched, make sure you say clearly that you do not want to be searched, and ask for that fact to be written down — this makes it harder for the police to claim that they had your consent to conduct the search. If the police stop and search you, they must make a record of this. Even if you do not see them doing it, they must make a record. You can ask for a copy of the record at the time or later. Helping out your mates or someone you know by letting them use your property to sell, make or grow drugs, or arranging a meeting or being involved in organising to sell or make or grow drugs could get you into trouble. You cannot drive while under the influence of a drug or alcohol. Police in Victoria have the power to randomly stop drivers and test you for drug impairment. If the police believe that you are drug impaired they can ask you to provide a urine or blood sample to a health professional. This means that if you have taken drugs several days earlier your test could show as positive. There are three drug impairment offences that you can be charged with:. Penalties can vary depending on whether you are driving on a full licence or restricted licence. If you are on a restricted licence and would like more information about drug driving you can get help here. If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem. Just click on the button below. The law is different in each state and territory. Please select your state or territory to view legal information that applies to you. Navigate this page. Share this article. Date Published April 1, Last Updated February 6, Got a question you can't get answered? Get help now. Select Your State or Territory The law is different in each state and territory.