Author: Kristina Kothrakis
Practice area: Drug Offences
Kristina is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist with over 18 years of criminal defence experience. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Kristina authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Cultivation of Narcotic Plants – Commercial Quantity?
Cultivation of Narcotic Plants – Commercial Quantity is a Victorian drug offence under section 72A of the Drugs, Poisons and Controlled Substances Act 1981. It applies where narcotic plants are cultivated, or cultivation is attempted, at a scale that reaches the commercial quantity threshold set by law.
Key points
- The accused must have cultivated, or attempted to cultivate, a narcotic plant
- The amount involved must meet or exceed the commercial quantity for that plant
- The charge is usually heard and sentenced in the County Court
The maximum penalty for Cultivation of Narcotic Plants – Commercial Quantity is level 2 imprisonment (25 years).
Common defences may include arguing that the quantity cultivated did not reach a commercial quantity.
Have you been accused of Cultivating a Commercial Quantity of Narcotic Plants? This is a serious allegation which typically results in a term of imprisonment. You must speak with one of our lawyers if you have been accused of Cultivating a Commercial Quantity of Narcotic Plants.
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
Source: Sentencing Advisory Council of Victoria (SACStat), Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 72A — 213 charges across 204 cases, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 95.3% |
| Community Correction Order | 2.8% |
| Other | 1.9% |
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
