Have you been charged with Cultivation of Narcotic Plants?
If so, there are some issues to consider.
Can the prosecution make out their case? Did you cultivate a narcotic plant? Did you know the plant was a narcotic plant? Was any alleged cultivation in relation to trafficking?
Pleading guilty to the Cultivation of Narcotic Plants may have extremely serious consequences. It is vital to your case that you seek professional legal assistance as quickly as possible.
Please read below for more information in relation to this charge.
Elements of the offence
Section 72B of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
The defendant cultivated a narcotic plant without authorisation;
The defendant did so for any purpose related to trafficking in that plant;
Or the defendant did so for any other purpose that is not related to trafficking in that plant.
The maximum penalty
For cultivation of a narcotic plant not related to trafficking – Level 8 imprisonment being a term of 1 year, or a penalty of no more than 20 penalty units, or both.
For cultivation in a narcotic plant for any other purpose, including trafficking in that plant – level 4 imprisonment being a term of 15 years.
Where will my case be heard?
Cultivation of Narcotic Plants is nearly always heard in the Magistrates’ Court, although it can also be heard in the County or Supreme Courts, depending on the circumstances of the charge.
What to do next?
Cultivation of Narcotic Plants is an indictable offence. Depending on the kind of representation you receive, the defences you may be able to use, and the nature of the cultivation of the narcotic the prosecution is contending, you may be facing a lengthy prison sentence if convicted. You should contact an experienced criminal lawyer urgently to discuss your legal options.
The legislation
S72B Cultivation of Narcotic Plants
A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable offence and liable—
(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or
(b) in any other case, to level 4 imprisonment (15 years maximum).
