– 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.
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
What are some of the possible defences to a Cultivation of Narcotic Plants – Commercial Quantity charge?
- 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 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.
Legislation
The section that covers this offence is section 72A of the Drugs, Poisons and Controlled Substances Act 1981.1
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.
Other Important Resources
- Cultivating a Commercial Quantity of Narcotic Plants in the Higher Courts: Sentencing Snapshot
- 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
Case Studies
- Discontinuance for Cultivation of Narcotic Plants (Commercial Quantity)
- Reducing Duration of Cultivation Charge
- Cultivation of narcotic plants, Trafficking – commercial quantity, Other Charges
[1] Drugs, Poisons and Controlled Substances Act 1981 – Section 72A
Note:
An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.