Alcohol, Drugs & Everyday Risk Archives | Barwon Community Legal Service
Adjust font size

A Decrease font size. A Reset font size. A Increase font size.

Quick exit

Alcohol, Drugs & Everyday Risk

Knowing the basics about alcohol and drug laws in Victoria can help you make safer choices and understand what might happen if things go wrong.

You can get help from a youth worker, a support service, or a legal centre.

Topics

In Victoria, it is illegal to sell or supply cigarettes, tobacco products, or vaping products to anyone under 18.

This applies to shops, online sales, and any other supply.

  • Nicotine vaping products can only be legally sold through pharmacies. They are not available in convenience stores, petrol stations, or general retail – those sales are illegal
  • Vape-free and smoke-free zones apply in many public places including public transport, schools, outdoor dining areas, and other designated spaces. Vaping where smoking is banned is treated the same as smoking. It is also illegal to vape in a car if one of the passengers is under 18

Consequences

  • Sellers face serious penalties for supplying to under 18s
  • Schools can also apply their own discipline for use on school grounds

The legal drinking age in Victoria is 18.

The rules that apply to drinking when you are under 18 depend on where you are and who is with you.

If you are under 18

  • Buying alcohol is illegal anywhere, including bottle shops, online orders, and convenience stores — it is also illegal for anyone to sell it to you
  • At home you can drink alcohol if it is given to you by your parent or guardian, or by another adult who has your parent or guardian’s explicit consent — the adult must actively supervise you
  • At someone else’s home or a party an adult can only give you alcohol if your parent or guardian has clearly given permission. This consent must be explicit — for example, it can be provided in writing or given directly to the adult responsible. Adults who give alcohol to under 18s without following these rules can face fines of more than $24,000
  • Licensed venues (pubs, bars, clubs): You cannot be in the licensed area unless you are with a parent or guardian, or you are working there
  • Fake ID is illegal: You can be fined for using fake ID or someone else’s ID to buy alcohol or enter a venue
  • Asking an adult to buy alcohol for you can get them fined too, even if they hand it straight to you
  • Being drunk in public is no longer a crime

Since November 2023, public intoxication is treated as a health issue, not a criminal one, and support services are available.

However, drinking alcohol in public places (like streets or parks) may still be banned by local councils.

The rules are different depending on what type of vehicle you are in.

Private cars

  • It is illegal for the driver to drink alcohol while driving or while in charge of a vehicle, even if their blood alcohol reading is below the limit
    This is an offence under the Road Safety Act 1986 (Vic) s 49B
  • It is illegal for a supervising passenger (someone sitting next to a learner driver or supervising a probationary driver) to drink alcohol while in the vehicle
    This is an offence under the Road Safety Act 1986 (Vic) s 49C
  • Other passengers are not prohibited from drinking alcohol in a private car in Victoria — however, this can distract the driver

Note: Some local councils ban drinking alcohol in public spaces including parked cars in certain areas.

Public transport (trains, trams, and buses)

  • It is illegal to drink alcohol or to have an open container of alcohol on trains, trams, buses, or at public transport stations and stops — This is an offence under the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015, regulation 31

Taxis and rideshare (Uber etc.)

  • There is no specific law that prohibits passengers from drinking in a taxi or rideshare in Victoria
  • However, drivers can refuse to carry passengers who are drinking
  • Many taxi and rideshare services have their own policies

Under the Drugs, Poisons and Controlled Substances Act 1981 (Vic), it is illegal to use, possess (have), cultivate (grow/make/produce) or traffic (sell) a drug of dependence.

This includes cannabis, heroin, MDMA (ecstasy), cocaine, amphetamines, and LSD.

Possession and use

  • Having drugs on you or in your home, car, room or bag is an offence of possession. The law says if drugs are found in a place you occupy or control, you will need to show you did not know they were there
  • Cannabis (small amount, personal use): For a first offence involving a small amount, police will often give a caution or refer you to drug counselling instead of charging you, but this is at police discretion, not a guarantee — Fines only apply (no jail) for cannabis use
  • Other drugs: Use or possession can result in a fine and/or imprisonment, depending on the type and amount
  • Prescription drugs: Medicinal cannabis, methadone, and some other prescription drugs are legal if you have a valid prescription in your name. Using someone else’s prescription is an offence

Supplying drugs

  • Giving drugs to anyone, even at a party, is illegal and can result in serious penalties
  • Supplying drugs to someone under 18 carries significantly higher maximum penalties than supply to adults
  • Trafficking (selling, distributing, or possessing more than a trafficable quantity) is treated far more seriously than personal possession

Drug driving

  • It is an offence under the Road Safety Act 1986 (Vic) to drive with a prescribed illicit drug present in your system
  • Police conduct roadside drug tests using oral fluid swabs
  • Unlike alcohol, there is no minimum level
  • Any detectable amount of cannabis (THC), methamphetamine, ecstasy (MDMA), or cocaine means you can be charged
  • Penalties include licence loss, fines, and potential imprisonment for repeat offences
  • Drug driving and drink driving can be charged together if both are present

Chroming and inhalants

  • Chroming means inhaling volatile substances (like glue, paint, or aerosols) to get high
  • Chroming itself is not a criminal offence in Victoria — however, police have the power to search you if they suspect you are about to chrome and can take you to a safe place
  • Supplying volatile substances to a person for the purpose of chroming is an offence

Drug checking / pill testing

  • Victoria has laws that allow licenced drug checking services to operate
  • These services let you find out what is in a substance before you use it
  • You will not be charged for possessing a substance while it is being checked
  • Drug checking is considered a harm reduction measure

For details on where and how to access these services contact a health service, or visit the Victorian Government health website | 🌐 Victoria’s pill testing trial | health.vic.gov.au

If you need urgent assistance or feel unsafe right now, call 000.

Legal advice: Do you think you may have a legal issue and would like advice? Free and confidential help is available.

Contact:

 

More support for this topic:

  • YSAS | 📞 03 9415 8881 | 🌐 ysas.org.au | ✉️ reception@ysas.org.au
    Youth Support and Advocacy Service helps young people overcome alcohol and other drug challenges, improve their mental health, and lead healthy, fulfilling lives.
  • National Alcohol and Other Drug Hotline | 📞 1800 250 015
    Provides free and confidential advice about alcohol and other drugs, including available treatment options, and automatically directs to local AOD Information Service.

 

If you need to speak to someone urgently please call:

  • Lifeline (Free 24/7) | 📞 13 11 14 | 💬  Webchat | 📱 Text 0477 131 114
    Crisis support and suicide prevention
  • Kids Helpline (Free 24/7) | 📞 1800 551 800 | 🌐 kidshelpline.com.au
    Counselling service for young people aged 5 to 25
  • Suicide Call Back Service (Free 24/7) | 📞 1300 659 467 | 🌐suicidecallbackservice.org.au
    Counselling support to people at risk of suicide, concerned about someone at risk, bereaved by suicide and people experiencing emotional or mental health issues
  • 🖤💛❤️ 13YARN (Free 24/7) | 📞 13 92 76 | 🌐 13yarn.org.au
    Aboriginal & Torres Strait Islander crisis support line developed and run by community in partnership with Lifeline
  • 🌈 Rainbow Door (10-5pm every day) | 📞 1800 729 367 | 📱 Text 0480 017 246 | 🌐 rainbowdoor.org.au 
    Free helpline and specialist support service for LGBTIQA+ Victorians, their friends and families
  • 🌈 QLife (3-9pm every day) | 📞 1800 184 527 | 🌐 qlife.org.au
    Anonymous and free LGBTIQA+ peer support and referral for people in Australia wanting to talk about sexuality, gender, bodies, feelings or relationships

 

Other helpful resources:

  • Ask Izzy | 🌐 askizzy.org.au
    FREE directory to find local housing, food, and support services near you.
  • Quick Help Guide (BAT Force) | 🌐 batforce.org.au/quick-help-guide
    A practical guide connecting you to support for food, housing, mental health, family violence, financial stress and tenancy.
  • YouthNav (Youth Central) | 🌐 youthcentral.vic.gov.au/youthnav
    A life skills and information hub for young people aged 12 to 25 that helps build knowledge, confidence, and independence into adulthood.

Check out the videos, fact sheets and resources below for more information or try our Legal Health Check Here!