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Cultivation of narcotic plants
Cultivation of narcotic plants
Drug Offences - VIC
The Law - Cultivation of narcotic plants
What the Law states - Cultivation of narcotic plants
Drugs, Poisons and Controlled Substances Act 1981 - SECT 72B
Cultivation of narcotic plants72B. Cultivation of narcotic plants
A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable offence and liable-
(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or
(b) in any other case, to level 4 imprisonment (15 years maximum).
Maximum Penalty in Victoria
15 years
What the Prosecution must prove - Cultivation of narcotic plants - Vic
(a) The accused was cultivating narcotic plants.
Street names for Cultivation of narcotic plants
Cultivation of cannabis, cultivating a drug of dependence
Possible Defences - Cultivation of narcotic plants
(a) Factual dispute.
(b) Honest and reasonable mistake of belief.
(c) Lack of intent.
(d) The accused has authorisation
Which court will hear the charge of Cultivation of narcotic plants
Magistrates' Court.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
