Cultivation of Cannabis

CULTIVATION

Cultivation of narcotic plants, such as cannabis, the opium poppy, and the coca plant, is a criminal offence that can lead to serious penalties under Australian law. Here’s an overview of cultivation offenses and their associated penalties:

1. What is Cultivation?

• Cultivation, as defined by the law, includes a wide range of activities related to narcotic plants. It encompasses acts such as sowing, planting, growing, tending, grafting, dividing, transplanting, nurturing, or harvesting a narcotic plant.
• The law considers a single act of cultivation as constituting the offence.
• The prosecution is not required to prove that the offender knew the plant was a narcotic plant. However, there is a defence if the accused can demonstrate that they did not know, suspect, or reasonably have been expected to know or suspect that the plant was a narcotic plant.

2. Penalties for Cultivation:

• Penalties for cultivation depend on various factors, including the quantity cultivated and the purpose of cultivation (i.e., whether it is related to trafficking).
• If the court is satisfied that cultivation was not related to trafficking, the penalty may be a fine of up to 20 penalty units (pu), imprisonment for up to one year, or both.
• If the cultivation is related to trafficking, the maximum penalty is imprisonment for up to 15 years.
• Cultivating a commercial quantity of a narcotic plant can result in a maximum penalty of 25 years’ imprisonment. This offence falls under category 2 of the Sentencing Act, which generally requires a custodial order unless an exception applies.
• For cultivating a large commercial quantity, the maximum penalty is life imprisonment and a fine of up to 5000 pu.

It’s important to note that penalties for cultivation offences can vary depending on the specific circumstances of the case, the type and quantity of the narcotic plant involved, and whether the cultivation was connected to drug trafficking. Legal advice and representation are crucial for individuals facing cultivation charges to understand their rights and potential defences.