Cultivation of Narcotic Plants – Commercial Quantity
– section 72A of the Drugs, Poisons and Controlled Substances Act 1981
When someone cultivates or attempts to cultivate narcotic plants in a commercial quantity without being authorised to do so.
- A man grows 10 large marijuana plants in his basement
- A group of people set up a production plant in a factory and make ice
- A woman grows opium poppy flowers in her garden
- A scientist develops a genetically engineered yeast to make morphine for his friends
- The quantity of the drug cultivated was not a commercial quantity
Questions in cases like this
- What is the commercial quantity for the drug you are being charged with cultivating?
- Can they prove you were linked to the cultivation?
Maximum penalty and court that deals with this chargeThe maximum penalty for this offence is level 2 imprisonment (25 years).
It is a very serious offence that will normally result in imprisonment being imposed by the County Court.
What is the legal definition of Cultivation of Narcotic Plants – Commercial Quantity?Cultivating or attempting to cultivate a narcotic plant in a quantity, that is not less than the commercial quantity applicable to that narcotic plant.
Other Important Resources
- Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Bill 1990
- Sentencing: the distinction between trafficking and cultivating a commercial quantity of cannabis
- VCC summaries – cultivation of a commercial quantity of narcotic plant: Sentencing decisions from 1 January 2016 to 31 August 2016