Australia Cannabis Laws: Victoria

Australia-Cannabis-Laws-Victoria

Possession

As is the case in the whole nation, possession, cultivation, use, and trafficking of cannabis is illegal under Victorian law. Victoria might not be as tolerant as the ACT or South Australia. But, it is generally easy to navigate the laws there and to survive there until legalization completely rolls around. However, understanding the laws of Victoria is a crucial aspect for knowing about actually how penalty units work.

The use of penalty units under state laws of Victoria is a metric for fines. The indexing of the amount gets done every financial year. The value of one penalty unit was $161.19 until June 30, 2019. The value of 5 penalty units was $805.95 & for 10 penalty units, it was $1611.90. This unit will come into use instead of a dollar value when we talk about fines for Cannabis offenses in Victoria.

Use of Cannabis & Cautions

A caution will be issued to most of the offenders in Victoria for the use of cannabis if they haven’t been previously caught. It is basically non-mandatory. So, you can’t be dependent on it just like a South Australian redemption notice. But, it will nevertheless keep you from achieving formal charges. It also prevents you from going to court.

Formally police station issues a caution. They also need that the person does the completion of an obligatory counseling conclave at a Victorian Drug Treatment Centre. Getting failed to attend this session will result in formal penalties for the original offenses. Victorian Magistrates Courts undertake the use of cannabis as a summary offense. The maximum penalty for this is 5 penalty units. It is never a term to get imprisonment just for the use of it.

Cultivation, Trafficking & Possession of Cannabis

If police or court find someone possessing a small amount of cannabis that is less than 50 grams. It will issue either a caution or a good behavior bond to first-time offenders. Basically a requirement to not re-offend. It might or might not go along with a judgment. The maximum penalty for possessing a lesser quantity of cannabis that is not related to trafficking is 5 penalty units. The person will not get a punishment of imprisonment. While possession of cannabis is an illicit offense, but it generally endeavors summarily in the Magistrate Court.

Offenses related to cultivation are categorized into a few categories. Cultivation of cannabis which is not related to trafficking but for personal use is an illicit offense tried summarily. There will be a maximum penalty of 20 penalty units and 1-year imprisonment for this.

Cultivation of cannabis-related trafficking is also tried summarily. But there is a maximum penalty of 1800 penalty units or 15 years of imprisonment for this. The country court deals with the charges which are likely to get the imprisonment of more than 5 years as an illicit offense.

The country court is equivalent to the District Court in other states. There are maximum charges of 3000 & 5000 penalty units in addition to 25 years or life imprisonment for the cultivation of commercial or large commercial quantities of cannabis.

Trafficking offenses for non-commercial quantities result in the maximum penalty of 1800 penalty units & 15 years of imprisonment. There is a charge of 5000 penalty units for large commercial quantities. Supplying marijuana to a child comes under trafficking. There is a maximum penalty of 1000 penalty units & 15 years imprisonment maximum for this. There is a maximum charge of 2400 penalty units and 20 years of imprisonment for selling cannabis to a child.

It is an illicit offense to do trafficking non-commercial quantities of marijuana. These penalties are also there for conspiracy i.e. possession, cultivation, or trafficking. If there is proof that you have intentionally committed any of these offenses. Then there will be a charge on you of the same penalties if you have done those.