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Cultivation of Narcotic Plants – Commercial Quantity

– section 72A of the Drugs, Poisons and Controlled Substances Act 1981
cultivation narcotic plants commercial quantity

 

 

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

prison penalty sentencing

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
Case Studies

[1] Drugs, Poisons and Controlled Substances Act 1981 – Section 72A

A person who, without being authorized by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act 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 commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
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.