Possessing Cannabis in Melbourne: Laws, Penalties & Legal Defences You Need to Know

Cannabis laws in Melbourne, and Victoria more broadly, can often feel like a bit of a grey area. With ongoing debates around decriminalisation, medical use, and what constitutes "personal use," the legal landscape can be tricky to navigate. If you are caught with cannabis, whether a small amount for personal use or a larger quantity that could be linked to trafficking, you could face serious legal consequences.

In this blog, we are breaking down everything you need to know about cannabis possession laws in Melbourne—what the law says, what the penalties are, and the legal defences that might be available to you if you are caught in the situation of facing cannabis-related charges. If you find yourself in this unfortunate position, having the best criminal lawyers in Melbourne on your side can make all the difference in the world.

Is Cannabis Possession Legal in Melbourne?

Cannabis is still illegal for recreational use in Melbourne and across Victoria. While some states in Australia, like South Australia and the Australian Capital Territory, have moved toward decriminalising minor possession, Victoria remains tough on cannabis laws.

Under the Melbourne drug laws– Drugs, Poisons and Controlled Substances Act 1981 (Vic), cannabis is classified as a controlled substance. This means that cannabis possession, trafficking, and cultivation are illegal in the state. It’s important to understand that while cannabis may be legal for medical use in some instances, it remains strictly regulated. Recreational use is not permitted in Victoria.

Personal Use vs. Trafficking: What's the Difference?

Understanding the difference between personal use and trafficking charges is key when facing cannabis possession penalties and charges.

• Personal Use: If you are caught with cannabis for personal use, and it is a small quantity (typically under 50 grams), you may face less severe penalties. For example, a first-time offender might receive a caution or be referred to a drug education program, rather than face a criminal conviction.

• Trafficking: If you are caught with a large quantity of cannabis, particularly over 50 grams, authorities may consider this to be for the purpose of trafficking. Trafficking is a much more serious offence and can lead to significantly harsher penalties, including prison time.

In short, it all comes down to the quantity. Possessing a small amount may result in a low-range penalty if you are caught, while large quantities could result in severe consequences, including imprisonment. 

Cannabis and Its Classification Under Victorian Law

Cannabis is classified as a Schedule 9 drug under Victorian law. This means it is considered to have a high potential for misuse, and the state takes a very serious stance on its possession, use, and trafficking.

However, there is an important distinction when it comes to medicinal cannabis. While recreational cannabis is illegal, medicinal cannabis is permitted, but it must be prescribed by a doctor and is tightly regulated by the Therapeutic Goods Administration (TGA).

So, if you are using cannabis for medical reasons, ensure it is done through the proper channels, and make sure you have a prescription.

What Are the Penalties for Cannabis Possession?

Now that we understand the legal framework surrounding cannabis possession in Melbourne, it is time to look at the potential penalties for those who are caught with cannabis.

Minor Possession vs. Large Quantities

The penalties you face for cannabis possession depend on a few factors, such as how much cannabis you have in your possession and whether it's your first offence. Here is the breakdown:

• Small Amounts (50 grams or less): If you are caught with a small quantity of cannabis, particularly under 50 grams, first-time offenders might be eligible for a caution or be sent to a drug education program. This is designed to educate offenders about the dangers of drug use and prevent future incidents.

• Large Quantities (over 50 grams): If you are caught with a larger quantity of cannabis, you could face much harsher penalties. If authorities believe you are trafficking cannabis (as opposed to using it personally), this could lead to significant fines and/or imprisonment. The severity of the penalty depends on the exact amount found, the circumstances of your arrest, and whether you have any prior convictions.

First-Time Offenders vs. Repeat Offenders

The penalties can also vary depending on whether you're a first-time offender or have previous convictions:

• First-Time Offenders: For first-time offenders, the court may consider a low level penalty t. It is possible you could receive a caution or be diverted into a drug education or counselling program. This is particularly true if the amount of cannabis found is small and there are no aggravating factors (such as intent to traffic).

• Repeat Offenders: If you have been caught with cannabis before, or if you have a history of drug-related offences, you may face much harsher penalties. Depending on the circumstances, the court may impose larger fines, longer diversion programs, or even a custodial sentence.

Court Proceedings & Sentencing

If you are charged with cannabis possession, your case will likely go before the Magistrates' Court of Victoria. The Magistrate will consider several factors when determining your penalty, including:

• Intent: Did you possess cannabis for personal use, or was there evidence suggesting you intended to traffic it?

• Quantity: The more cannabis you possess, the more severe the penalties will likely be.

• Prior Convictions: The court will look at whether you have any prior convictions, particularly for drug-related offences. Repeat offenders often face tougher sentences.

Possible penalties may include:

• Fines: Monetary penalties depending on the amount of cannabis and your prior history.

• Good Behaviour Bonds: This promises the court that you will not reoffend. If you break this bond, you may face more severe consequences.

• Custodial Sentences (Imprisonment): In more serious cases involving trafficking, you could be sentenced to jail.

Can You Defend Against a Cannabis Possession Charge?

Being charged with cannabis possession doesn't automatically mean you will be convicted. There are several potential defences you can use to challenge the charge. Here are some of the most common defences to drug possession penalties in

Victoria:

Unlawful Search & Seizure

One of the most important defences is challenging how the police obtained evidence. If the police conducted an unlawful search or seizure—such as not having reasonable suspicion to stop you or failing to follow proper procedures—any evidence they obtained could be inadmissible in court. A skilled lawyer can argue that your rights were violated during the search, potentially leading to the dismissal of the case.

 

Lack of Knowledge or Intent

Another defence could be that you were unaware you had cannabis. For instance, someone else may have placed it in your bag without your knowledge. If you can show that you had no knowledge of the cannabis being in your possession, or that you did not intend to use or traffick it, you may have a valid defence.

Diversion Programs & Alternative Sentencing

If you are a first-time offender or if you have a history of battling addiction, you may be eligible for a diversion program. This involves attending counselling, education programs, or rehabilitation instead of facing a criminal record or jail time. It is an excellent alternative for those who want to avoid the long-term consequences of a conviction.

How Can a Criminal Defence Lawyer Help?

Victoria criminal lawyers can make a world of difference if you are facing cannabis possession charges. Here is how they can help:

Assessing Your Case

An experienced criminal defence solicitor in Melbourne will review the details of your case, including the circumstances of your arrest and the amount of cannabis found. They will then identify whether your rights were upheld and whether any of the abovementioned defences can be applied to your case.

Negotiating Reduced Penalties

A lawyer can negotiate on your behalf to reduce the penalties you face. For example, they may push for a diversion program or negotiate reduced fines or community-based sentences instead of prison time.

Spent Convictions

In some cases, criminal lawyers can help you clear your record of past cannabis-related convictions, especially if they happened many years ago. This can improve your future employment prospects, travel opportunities, and overall reputation.

What to Do if You’re Charged with Cannabis Possession

If you are charged with marijuana possession in Australia, it is essential to handle the situation carefully and follow these key steps to protect your rights and make informed decisions. Seeking legal help for cannabis charges as soon as possible can ensure you have the best chance to protect your future.

Criminal Interview

Stay composed and avoid panicking.

• You have the right to remain silent when questioned by the police.

• Inform the officers that you wish to speak to a lawyer before answering any questions.

• Remember, anything you say can be used against you in court.

 

Seek Expert Legal Advice as Soon as Possible

• Contact a criminal lawyer with experience in drug offences immediately.

• A lawyer will explain your rights, the charges, and potential defences.

• They will assess the strength of the evidence against you and guide you on the best course of action.

• An experienced criminal defence solicitor in Melbourne can help develop a defence strategy and protect your interests throughout the legal process.

Understand Your Rights and Legal Options

• Be fully aware of your rights, including the right to legal representation and your options during court proceedings.

• Understand the possible penalties, such as fines, diversion programs, or imprisonment.

• Your lawyer will explain any defences you may be eligible for, such as lack of knowledge or intent, or challenging the lawfulness of the police search.

• Knowing your rights and legal options will empower you to make the best decisions for your case.

Contact Burdon Legal for Expert Advice

If you have been charged with cannabis possession in Melbourne or anywhere in Victoria, it’s essential to have a legal expert on your side. Rebecca Burdon Legal & Consulting specialises in criminal law and has vast experience defending clients against drug-related offences.

We offer free consultations and can help guide you through the legal process, ensuring your rights are upheld at every step. For professional legal assistance, contact us today for a free consultation. Whether you're facing cannabis possession charges for the first time or you're a repeat offender, we can help you understand your options and fight for the best possible outcome with the best drug lawyers in Melbourne.