Criminal Lawyers Melbourne

Cultivation of narcotic plants - large commercial quantity

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Kristina Kothrakis
Criminal Defence Lawyer


Drug Offences - VIC
The Law - Cultivation of narcotic plants - large commercial quantity

What the Law states - Cultivation of narcotic plants - large commercial quantity


Drugs, Poisons and Controlled Substances Act 1981 - SECT 72

Cultivation of narcotic plants-large commercial quantity

72. Cultivation of narcotic plants-large 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 large commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable-

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

Maximum Penalty in Victoria



Life imprisonment and  5000 penalty units

What the Prosecution must prove - Cultivation of narcotic plants - large commercial quantity - Vic


(a) The accused intended to cultivate narcotic plants in a quantity larger than a commercial quantity.

(b) The plant cultivated was a narcotic plant.

(c) The quantity cultivated was not less than a large commercial quantity.

Mariuajana / Cannabis

Possible Defences - Cultivation of narcotic plants - large 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 large commercial quantity.

 

Which court will hear the charge of Cultivation of narcotic plants - large 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.
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