Generally there is a lesser penalty for the use of cannabis compared to other drugs. Victoria Police recently introduced a cautionary scheme for those caught using cannabis for the first time. Under this scheme first time offenders are formally cautioned by police then referred to a drug treatment centre. Police have also begun trialling a cautionary scheme for heroin and other illicit drugs. Possession is the most common offence.
Possession means having control or custody of a drug.
Knowledge of such possession must be proven in court. Possession applies both to drugs found on the person or their property, unless it is proven the drugs do not belong to that person. Cultivation is the act of sowing, planting, growing, tending, nurturing or harvesting a narcotic plant. Any of these activities constitutes the offence of cultivation. If a person cultivates 'a trafficable quantity', or intends to sell even a small quantity it is likely that charges for possession, cultivation and trafficking will be laid.