DRUG OFFENCES

cultivating cannabis OR a commercial quantity of cannabis.

The Drugs Poisons and Controlled Substances Act 1981 (Vic) criminalises the cultivation of narcotic plants. Typically most offences we have dealt with involves the cultivation of Cannabis.

Section 72B covers cultivating a small amount of Cannabis with section 72A and section 72 criminalising the offence where the amount cultivated is a commercial quantity or large commercial quantity.

At the lower end of seriousness is cultivating Cannabis for personal use, however the penalties increase if it is established that the drug was Cultivated for the purpose of trafficking. These matters are heard in the Magistrates’ Court.

Matters that involve a commercial quantity or large commercial quantity of Cannabis are considered serious offences and are heard in the County Court.

PROOF, PENALTIES & DEFENCES.

Cultivating Cannabis.

The prosecutor has to prove that without licence or legal authority, cultivated or attempted to cultivate a narcotic plant.

Defences:

That it wasn’t/or you were not aware that it was a narcotic plant;
That you didn’t cultivate or attempt to cultivate the plant;
That it was for personal use and not for trafficking;
Duress.

Penalties:

Maximum fine of $3,300 (20pu) fine or 1 year jail if not for the purpose of trafficking;
Maximum 15 years jail if for the purpose of trafficking.

cultivating a commercial quantity of Cannabis.

The prosecutor has to prove that without licence or legal authority, cultivated or attempted to cultivate a commercial quantity (25kg or more than 100 plants) of narcotic plant.

Defences:

That it wasn’t/or you were not aware that it was a narcotic plant;
That you didn’t cultivate or attempt to cultivate the plant;
That the quantity of plants was under 25kg or 100 plants;
Duress.

Penalties:

Maximum 25 years jail if a commercial quantity.
Maximum life imprisonment and fine of $930,000 (5000 pu) if a large commercial quantity.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

Cultivate Cannabis / Fine, Without Conviction

Case: Escaping conviction for cultivating cannabis. Our client rented a house as a party house and later allowed it to be...

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