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Cultivation of narcotic plants - commercial quantity
Cultivation of narcotic plants - commercial quantity
ADLA member for - VIC
Written by
Kristina Kothrakis
Criminal Defence Lawyer
Drug Offences - VIC
The Law - Cultivation of narcotic plants - commercial quantity
What the Law states - Cultivation of narcotic plants - commercial quantity
Drugs, Poisons and Controlled Substances Act 1981 - SECT 72A
Cultivation of narcotic plants-commercial quantity72A. Cultivation of narcotic plants-commercial quantity
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 in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Maximum Penalty in Victoria
25 years
What the Prosecution must prove - Cultivation of narcotic plants - commercial quantity - Vic
(a) The accused intended to cultivate narcotic plants in a commercial quantity.
(b) The plants are narcotic plants.
Mariuajana / cannabis
Possible Defences - Cultivation of narcotic plants - commercial quantity
(a) Factual dispute.
(b) Honest and reasonable mistake of belief.
(c) Lack of intent.
(d) The accused was authorised, or held a relevant licence.
(e) Quantity less than a commercial quantity.
Which court will hear the charge of Cultivation of narcotic plants - commercial quantity
County Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
