Cultivation of Narcotic Plants – Commercial Quantity

Police Interview

You will be invited for an interview or arrested for the purpose of an interview if the Police believe you Cultivated a Commercial Quantity of Narcotic Plants. The Police Interview is part of their investigation. You may be asked to attend an interview at a scheduled, or you may be arrested for the purpose of an interview. It is important that you understand your rights before the interview. You have the right to speak to a lawyer before the interview, even if you are calling from the station.

Pleading Not Guilty

If you are charged with Cultivating a Commercial Quantity of Narcotic Plants, it is important to immediately engage one of our expert lawyers to defend you in court. One of our lawyers will:

• carefully review the police brief of evidence,
• make a list of issues,
• take your instructions,
• request disclosure material, and
• prepare a tailored defence for you depending on your instructions.

Our lawyers don’t just accept the police brief as being a truthful bundle of documents. Our lawyers conduct their own investigation and in some cases, obtain evidence that supports your innocence. If your matter proceeds to trial, we have in-house counsel who regularly run jury trials in the County Court and have achieved great outcomes for our clients in the past.

Pleading Guilty

If you decide to plead guilty to Cultivating a Commercial Quantity of Narcotic Plants, one of our lawyers can advise you of all of the possible consequences so you are properly informed. The plea hearing will most likely be the most significant court appearance of your life. You want a lawyer who is going to prepare a plea strategy for you to reduce the penalty you ultimately receive.

Our lawyers have decades of experience appearing in Court and know the types of submissions which work to mitigate the penalty.

Sentencing

Sentencing in the higher courts

Examples of Cultivation of Narcotic Plants – Commercial Quantity

• 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

Defences

• 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.

Legislation

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.

Other Important Resources

• Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Bill 1990
• VCC summaries – cultivation of a commercial quantity of narcotic plant: Sentencing decisions from 1 January 2016 to 31 August 2016

Case Studies

• Bail Application – Cultivation in a Commercial Quantity of Cannabis
• Discontinuance for Cultivation of Narcotic Plants (Commercial Quantity)
• Reducing Duration of Cultivation Charge