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Cultivation of Narcotic Plants – Commercial Quantity

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
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

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 charge

The maximum penalty for Cultivation of Narcotic Plants – Commercial Quantity (s72A of the Drugs, Poisons and Controlled Substances Act 1981) is level 2 imprisonment (25 years).

It is a very serious offence that will normally result in imprisonment being imposed by the County Court.

The section that covers this offence is section 72A of the Drugs, Poisons and Controlled Substances Act 1981.

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.
 
What can you be sentenced to for this charge?
Cultivation of narcotic plants in a commercial quantity is a serious offence that will normally result in imprisonment. However, this will depend on the circumstances of the case and the extent of your involvement in the cultivation.