The Law Handbook 2024

132 SECTION 3: Fines, infringements and criminal law Use: Offences and penalties Definition of use The use of a drug of dependence is an offence. Section 70(1) of the DPCS Act defines ‘use’ as smoking, inhaling the fumes of, or introducing a drug of dependence into a person’s body. Penalties The offence of using a drug of dependence is a summary offence (s 75 DPCS Act). The use of cannabis or tetrahydrocannabinol ( THC ) carries a maximum penalty of up to 5 pu (s 75(a)); there is no jail penalty, even for subsequent offences. The use of other drugs carries a maximum penalty of a fine of up to 30 pu or imprisonment for one year, or both (s 75(b)). Cautioning scheme Victoria Police and Victorian courts have introduced several schemes for people who commit drug offences. Some of these schemes aim to divert people away from the criminal legal system, while other schemes focus on harm minimisation and treatment options for people who use drugs. People who use or possess small amounts (less than a traffickable quantity) of cannabis or other drugs may be cautioned rather than charged. This decision is at the discretion of the police informant. The caution process can include counselling and requires the person to admit to the offence. A person may receive two cautions. Diversion The Criminal Justice Diversion Program (see ‘Diversion’ in Chapter 1.3: Sentencing in the Magistrates’ Court) may also be relevant for people charged with drug offences for the first time. If the police informant consents to diversion, if the magistrate is satisfied that diversion is appropriate, and if the accused ‘acknowledges responsibility’ for the offence, the charges are adjourned until after the accused has participated in the program. The accused is not required to formally plead guilty to the drug offence. On completion of certain conditions of the program (e.g. undertaking drug treatment or counselling, or making a donation to the court charitable fund) the court discharges the accused without making any finding of guilt or imposing any sentence or penalty (s 59(4) Criminal Procedure Act 2009 (Vic)). Most people would strongly wish to avoid a conviction or finding of guilt for a drug offence. This is particularly important for those who wish to travel overseas, as having a drug-related criminal record makes it difficult to enter many countries (see Chapter 3.9: Understanding criminal records). For more information, visit the Magistrates’ Court website (www.mcv.vic.gov.au) . Court-based support services Assistance is available for people who are dependent on drugs or alcohol and who are appearing before the Magistrates’ Court. This assistance includes the Court Integrated Services Program. Court Integrated Services Program The Court Integrated Services Program ( CISP ) provides case management and aims to reduce the likelihood of a person reoffending by connecting them to relevant support services. Referrals can be made for support for drug and alcohol issues, housing instability or homelessness, disability, and mental health issues. A person may be eligible for this program if: • they are appearing before a court where CISP operates; • they consent to being involved in CISP; • they have a physical or mental disability or illness; • they have issues relating to drug or alcohol use, or to a lack of social, family or economic support. For CISP’s contact details, see ‘Contacts’ at the end of this chapter. CISP Remand Outreach Program (CROP) CROP is an extension of CISP; CROP works with people on remand, people before higher courts and people before Magistrates’ Court venues that do not offer CISP. CROP support is often in the form of brief intervention. Referral and treatment Anyone can refer a person to CISP. The police might refer someone by bailing them to attend an assessment. Magistrates can also refer people. Alternatively, people can self-refer or have their