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Cultivation of narcotic plants - large commercial quantity
Cultivation of narcotic plants - large commercial quantity
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 quantity72. 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.
