What it does
The Drugs, Poisons and Controlled Substances Act 1981 (the Act) is Victoria's primary statute governing the lawful manufacture, supply, prescribing, administration, possession, and use of poisons, controlled substances, and drugs of dependence. Its core function is to strike a balance between enabling legitimate therapeutic, industrial, agricultural, research, and veterinary access while minimising harm from misuse, addiction, diversion to illicit markets, and accidental poisoning.
At its heart the Act operates through a scheduling system. Substances are classified into nine Schedules (plus regulated poisons outside the standard Schedules) according to toxicity, potential for abuse, and therapeutic utility (ss 12–12A, 4(1)). Schedule 1 poisons are highly restricted traditional Chinese medicines available only from registered practitioners. Schedules 2–3 cover pharmacy-only and pharmacist-only medicines. Schedule 4 covers prescription-only medicines. Schedule 8 covers controlled drugs (including opioids and stimulants) subject to strict permit and monitoring requirements. Schedule 9 covers prohibited substances. The Poisons Code (prepared under s 12 and incorporating the Commonwealth Poisons Standard) supplies the detailed list and labelling/storage rules (ss 12B–12L). Where the Code conflicts with the Act, the Act prevails (s 12C).
The Act establishes a comprehensive licensing and permitting regime (Part II, Division 4). A poppy cultivation licence or poppy processing licence is required to grow alkaloid poppies or process poppy straw (Part IVB). A drug-checking permit authorises analysis of substances for harm-reduction purposes at fixed or mobile sites (ss 20AA–20AAB, 4B–4C). Authorisations under s 13 and s 20A allow classes of health practitioners (medical practitioners, nurse practitioners, paramedic practitioners, pharmacists, dentists, veterinary practitioners, endorsed Chinese medicine practitioners) to possess, prescribe, or supply scheduled substances within their scope of practice. The Secretary maintains the (Division 9) which records dispensing of monitored poisons; pharmacists, medical practitioners, nurse practitioners, and paramedic practitioners must check it before supply in most cases (ss 30E–30H).