Cultivation of Narcotic Plants – Commercial Quantity
– 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.
- 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
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 chargeThe 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.
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
- 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