Drug Offence Lawyers Melbourne

If you have been charged with a drug offence, or you believe you are under investigation, it is important to get legal advice as early as possible.

Drug charges can have serious consequences. Depending on the allegation, the type and quantity of drug involved, and your personal circumstances, a drug offence may affect your liberty, employment, travel, family life and future opportunities. Even charges that appear minor at first can become more serious if police allege trafficking, supply, cultivation, commercial quantity offending or links to other criminal activity.

Galbally Parker’s Melbourne criminal defence lawyers provide strategic, discreet and practical advice to people facing drug charges across Victoria. We act in matters ranging from possession and use of drugs through to complex trafficking, cultivation, importation and commercial quantity drug prosecutions.

If police want to interview you, you have been charged, or you are due to appear in court, speak with an experienced drug offence lawyer before taking the next step.

Speak to our team to find out your rights and how we can help you.

Charged with a drug offence in Victoria?

Drug offences in Victoria are usually prosecuted under the Drugs, Poisons and Controlled Substances Act 1981. The seriousness of a charge depends on a range of factors, including the type of drug, the alleged quantity, whether the prosecution says the drug was for personal use or trafficking, and whether there are other issues such as weapons, cash, encrypted communications, surveillance, co-accused or proceeds of crime allegations.

Our role is to assess the evidence carefully, advise you on your options, and develop a defence strategy based on the facts of your case.

We can assist with:

Advice before or after a police interview
Representation at the Magistrates’ Court, County Court and Supreme Court
Bail applications for drug charges
Negotiations with prosecutors
Contested hearings and trials
Pleas of guilty and sentencing submissions
Diversion and non-conviction outcomes where available
Appealing a conviction or sentence
Property restraint and confiscation proceedings

Drug cases often turn on detail. The evidence may involve police searches, phone records, text messages, surveillance, admissions, forensic testing, alleged drug quantities, fingerprints, DNA, intercepted communications or the conduct of other people. Early advice can make a significant difference to how your matter is handled.

Drug offences our lawyers can assist with

Galbally Parker acts for clients charged with a wide range of drug offences in Victoria, including:

Possession of a drug of dependence
Use of a drug of dependence
Drug trafficking
Trafficking a commercial quantity of drugs
Trafficking a large commercial quantity of drugs
Cultivation of cannabis
Manufacture of drugs
Drug importation
Possession of items connected with trafficking or manufacture
Supply of drugs
Drug offences involving children
Prescription medication offences
Drug charges connected with organised crime investigations
Drug-related bail applications
Confiscation, restraining order and proceeds of crime matters

Whether your matter involves a small quantity of drugs for personal use or a serious indictable drug prosecution, you should obtain advice before deciding how to respond.

Speak with an experienced drug offence lawyer

More information on the offences our lawyers can assist with

Our drug offence lawyers represent clients charged with drug possession, use, trafficking, commercial quantity offences, cultivation, manufacture and drug importation.

Possession of a drug of dependence

Possession charges are among the most common drug offences in Victoria. A person may be charged with possession where police allege they had physical custody or control of a drug of dependence.

However, being near drugs does not automatically mean you were legally in possession of them. Possession can be disputed, particularly where drugs are found in a shared house, shared vehicle, bag, workplace, storage area or other place accessed by multiple people.

In a possession case, the prosecution may need to prove issues such as:

The substance was a drug of dependence
You knew of the drug’s existence
You had custody or control of the drug
The drug was not lawfully possessed
The alleged possession was not merely accidental or temporary

A possession charge may sometimes be dealt with in a way that avoids a conviction, particularly where the quantity is small, there is no allegation of trafficking, and there are strong personal or rehabilitative factors. This will depend on the facts of the case, your history and the available sentencing options.

Use of a drug of dependence

Use charges often arise after police allege that a person has consumed an illicit drug or admitted to using drugs. These matters may appear straightforward, but they can still carry consequences, particularly for people whose employment, professional registration, visa status or future opportunities may be affected by a criminal record.

If you have been charged with drug use, we can advise you on whether the prosecution can prove the charge, whether there are grounds to challenge the evidence, and whether a non-conviction or diversionary outcome may be available.

Drug trafficking charges

Drug trafficking is treated far more seriously than possession or use. A person may be accused of trafficking where police allege they sold, exchanged, supplied, prepared, manufactured, offered for sale, or possessed a drug for the purpose of sale.

Trafficking does not always involve a large commercial operation. In some cases, trafficking allegations are based on text messages, cash, scales, bags, multiple clip seal bags, alleged admissions, or the quantity and presentation of the drug.

A trafficking charge may be defended on a number of bases, including:

The drug was for personal use, not sale
There was no intention to traffick
The accused did not know about the drug
The accused did not possess or control the drug
The alleged messages or communications have been misinterpreted
Police have overstated the significance of cash, scales or packaging
The search or seizure was unlawful
There are problems with forensic testing or continuity of evidence

Because trafficking charges can lead to serious penalties, including imprisonment in some cases, it is important to obtain advice from a criminal defence lawyer who understands how drug prosecutions are built and how they can be challenged.

Commercial quantity and large commercial quantity drug charges

Drug charges become significantly more serious where police allege a commercial quantity or large commercial quantity of a drug of dependence.

These cases often involve more complex evidence, including:

Police surveillance
Search warrants
Mobile phone downloads
Encrypted communications
Alleged supply networks
Co-accused
Financial records
Cash seizure
Forensic analysis
Drug quantity calculations
Confiscation and restraining order applications

The quantity of the drug is often central to the charge. In some cases, the defence strategy may involve challenging the alleged quantity, the purity, the prosecution’s interpretation of the evidence, or whether the accused had the required knowledge or intention.

Galbally Parker has experience acting in serious drug matters, including matters involving allegations of commercial quantity trafficking and Supreme Court bail applications.

Cultivation and manufacture charges

Cultivation charges commonly involve allegations relating to cannabis plants. The seriousness of the charge will often depend on the number of plants, the maturity of the plants, whether the prosecution alleges cultivation for personal use or commercial purposes, and whether there is evidence of equipment, electricity bypassing, cash, communications or other alleged indicators of trafficking.

Manufacture charges may involve allegations that a person was involved in producing, preparing or processing drugs. These matters can involve complex forensic and factual issues, particularly where multiple people had access to a property or equipment.

In cultivation and manufacture cases, it may be possible to challenge:

Whether the accused was involved in the activity
Whether the accused knew about the plants, substances or equipment
Whether the prosecution can prove control of the premises
Whether the alleged quantity or purpose is made out
Whether police lawfully entered, searched and seized evidence
Whether the accused’s role has been overstated

Drug importation charges

Drug importation is a serious area of criminal law and may involve Commonwealth offences as well as complex investigative material. These matters can include allegations about parcels, border detections, intercepted communications, controlled operations, surveillance or alleged connections between multiple people.

If you are being investigated for drug importation, it is important to seek advice before speaking to police or making any statement. Early legal advice can help protect your position and ensure you understand the seriousness of the allegation before responding.

Facing a highly challenging and uncertain legal situation, I sought advice from several legal practitioners but struggled to find clarity or reassurance. Everything changed when I engaged Ruth Parker at Galbally Parker Lawyers.

From our very first meeting, Ruth showed exceptional decisiveness, deep legal expertise, and an ability to quickly identify the core issues. Her clear and honest assessments, combined with her calm and approachable manner, gave me immediate confidence and a genuine sense of safety at a time when I needed it most.

Throughout the matter, Ruth’s strategic judgment was precise, firm, and consistently effective. She anticipated developments with remarkable accuracy, ultimately steering the process toward an outstanding outcome. She managed every stage with professionalism, integrity, and composure.

At every stage, I felt supported, protected, and truly understood. I cannot recommend Ruth Parker highly enough to anyone seeking legal representation that is professional, trustworthy, and exceptionally skilled. She is without question the advocate you can rely on.

Tommy / January 2026

I am just a normal tradie, with no idea about law etc.

I recently found myself on charges and facing court, not having a clue what to do.
So I approached Galbally Parker for help.

These guys are out of this world, they made the whole incident so easy to deal with.

Not only did they get a better outcome, than I had planned, and they did it for a very reasonable price.

I honestly couldn’t recommend them enough, great service with awesome results, and at a good price.

Totally satisfied.

Geoff Fear / January 2026

What an absolute pleasure it has been dealing with Galbally Parker. In March my daughter got herself into some trouble, when I found out what had happened I had felt lost and had no idea what to do or where to go.

One day I was doing some research and came across Galbally Parker’s website and read the message for parents, it described exactly how I felt.

From the day we met the team we instantly felt comfortable and was given the best advice. Natasha was so patient with us when there were times we couldn’t understand the process and was always so punctual when it came to emails or calls.

On the day of my daughter’s hearing we also had Ruth’s support.

My daughter received the best outcome.

We will forever be thankful for the amazing service.

Sarah Haber / August 2025

Common defences to drug charges

Every case turns on its own facts. However, drug charges may be defended or negotiated where there are weaknesses in the prosecution case.

Common issues include:

Lack of knowledge: The prosecution may need to prove that you knew the drugs were present. This can be an issue where drugs are found in a shared house, car, bag, storage area or workplace.
No possession or control: Police may allege possession because drugs were found near you or in a place connected to you. That does not always mean you had legal possession or control.
No intention to traffick: A person may accept possession but dispute trafficking. The difference between possession for personal use and possession for the purpose of sale can be critical.
Unlawful search or seizure: If police searched you, your car, your home or your phone unlawfully, there may be grounds to challenge whether the evidence should be used.
Problems with admissions: Police may rely on what they say you admitted during an interview or at the scene. The circumstances of any alleged admission should be carefully reviewed.
Forensic or continuity issues: The prosecution must prove that the substance was a drug of dependence and that the evidence has been properly handled. Errors in testing, labelling, storage or continuity may matter.
Role of co-accused: In cases involving multiple people, the prosecution may overstate an accused person’s role. It is important to separate what each person allegedly knew, did and intended.
Personal use, addiction or rehabilitation: In some cases, the focus may be on reducing the seriousness of the allegation, presenting evidence of addiction or rehabilitation, and working towards the best possible sentencing outcome.

Read our blog, ‘Defending Against Drug Possession Charges‘ for more information.

Can I avoid a conviction for a drug offence?

In some drug matters, it may be possible to avoid a conviction. This depends on the charge, your prior history, the seriousness of the offending, the quantity and type of drug, whether there is any allegation of trafficking, and your personal circumstances.

For lower-level possession or use matters, options may include diversion, an adjourned undertaking, a fine without conviction, or another sentencing outcome that avoids a recorded conviction. These outcomes are not automatic. They require careful preparation and persuasive submissions.

For more serious drug matters, the focus may be on negotiating the charge, narrowing the issues, presenting rehabilitation material, addressing addiction, obtaining reports, and preparing strong plea or sentencing submissions.

A lawyer can advise you on what outcomes are realistic in your case.

Speak with an experienced drug offence lawyer

Bail for drug offences

Some drug charges can result in a person being remanded in custody, especially where police allege trafficking, commercial quantity offending, organised activity, repeated offending, offending while on bail, or risk to the community.

A bail application must be prepared carefully. The court may consider matters such as:

The seriousness of the charge
The strength of the prosecution case
Criminal history
Whether the person was already on bail or another court order
Risk of failing to appear
Risk of further offending
Accommodation
Employment
Family support
Treatment or rehabilitation options
Proposed bail conditions

Galbally Parker can assist with urgent bail advice and representation in drug matters, including serious indictable drug prosecutions.

Drug addiction, rehabilitation and sentencing

Drug addiction may be relevant in some criminal cases, particularly where the offending is connected to personal use, dependence, mental health issues or other underlying circumstances.

Courts may take rehabilitation into account, but it is important to present this material properly. This may include evidence of counselling, residential rehabilitation, medical treatment, psychological support, drug testing, family support, employment, stable accommodation or other steps taken since the offending.

In some cases, specialist court programs or treatment-focused sentencing options may be available. We can advise you on whether these options are suitable and how to prepare for them.

Where drug or alcohol dependency has contributed to the alleged offending, a Drug and Alcohol Treatment Order may be available as an alternative sentencing option. Learn more about Drug and Alcohol Treatment Orders and the Drug Court process.

What should I do if police want to interview me?

If police want to speak to you about a drug offence, you should obtain legal advice before participating in an interview.

What you say to police can have a significant impact on your case. Even where you believe you can explain the situation, an interview may create evidence that is later used against you. A lawyer can advise you on your rights, the risks of answering questions, and what approach is appropriate in your circumstances.

Do not assume that speaking to police will make the matter go away. Get advice first.

Relevant drug offence case experience

Galbally Parker has acted in serious drug matters, including a 2024 Supreme Court bail application involving allegations of commercial quantity trafficking.

The case involved charges of trafficking in a commercial quantity of cocaine and methamphetamine, as well as other related allegations. Our client was granted bail in the Supreme Court of Victoria after a contested application.

This matter highlights the importance of early, strategic advice in serious drug prosecutions, particularly where bail, commercial quantity allegations and complex prosecution evidence are involved.

Read more about this matter in our case summaries:

Commercial Quantity Trafficking – Magistrates Court Bail Application (2025) Commercial Quantity Trafficking – Magistrates Court (2024) Commercial Quantity Trafficking – Supreme Court Bail Application (2024) Commercial Quantity Trafficking – Magistrates Court (2021)

Why choose Galbally Parker for drug charges?

Drug prosecutions can be complex, technical and high pressure. The right defence strategy depends on understanding the law, the evidence, the court process and the practical realities of negotiation and litigation.

Galbally Parker provides:

Experienced criminal defence representation
Strategic advice from the earliest stage of an investigation
Discreet and practical support
Strong advocacy in court
Careful analysis of police evidence
Advice on both defending and resolving charges
Representation in serious and complex drug prosecutions
A focus on protecting your future, liberty and reputation

We understand that being charged with a drug offence can be stressful and confronting. Our role is to give you clear advice, protect your rights, and work towards the best available outcome.

Drug Offence Lawyers FAQs

Do I need a lawyer for a drug charge?

You should at least speak with a criminal defence lawyer before going to court or speaking to police. Drug charges can have serious consequences, and the difference between possession, use, trafficking and commercial quantity offending can be significant.

A lawyer can explain the charge, assess the evidence, advise you on your options and represent you in court.

What is the difference between possession and trafficking?

Possession usually means police allege you had custody or control of a drug. Trafficking is more serious and involves allegations of sale, supply, manufacture, preparation, exchange, offer for sale, or possession for the purpose of sale.

A key issue in many cases is whether the prosecution can prove that the drug was connected to trafficking rather than personal use.

Can I be charged if drugs were found in a shared house or car?

Yes, police may charge a person where drugs are found in a shared location. However, the prosecution still needs to prove the relevant legal elements. If other people had access to the area, there may be an argument about knowledge, possession or control.

Can police search my phone in a drug investigation?

Police may seek access to phones or electronic devices during a drug investigation. Whether they are legally entitled to search or use that material will depend on the circumstances, including warrants, search powers and how the evidence was obtained.

If your phone has been seized, or police are asking for access, get legal advice.

Will I go to jail for a drug offence?

This depends on the charge, quantity, type of drug, your role, your prior history and the strength of the prosecution case. Some lower-level drug matters may be dealt with without imprisonment. Serious trafficking, commercial quantity and large commercial quantity matters can carry a real risk of custody.

A lawyer can advise you on the likely range of outcomes in your specific case.

Can drug addiction be considered by the court?

Drug addiction may be relevant in some cases, particularly where there is evidence that the offending was connected to personal use or dependency. Courts may consider rehabilitation, treatment and personal circumstances, but this material needs to be properly prepared and presented.

Can I avoid a conviction for drug possession?

It may be possible in some lower-level possession matters, particularly where the quantity is small, there is no trafficking allegation, and you have no or limited prior history. The outcome will depend on the facts of the case and the court’s assessment.

What should I bring to my first appointment?

Bring any charge sheets, bail documents, court paperwork, police summaries, witness statements, intervention orders, forensic material, or correspondence you have received. If you do not have these documents, we can still provide initial advice and help you understand the next steps.