Section 303.5 Criminal Code Act | Cultivating Marketable Quantity of Controlled Plants


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The Legislation

Section 303.5 of the Criminal Code Act 1995 (Cth) is Cultivating Marketable Quantity of Controlled Plants and is extracted below.

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303.5  Cultivating marketable quantities of controlled plants

(1)    A person commits an offence if:

(a)    the person cultivates a plant for a commercial purpose; and

(b)    the plant is a controlled plant; and

(c)    the quantity cultivated is a marketable quantity.

Penalty:    Imprisonment for 25 years or 5,000 penalty units, or both.

(2)    The fault element for paragraph (1)(b) is recklessness.

(3)    Absolute liability applies to paragraph (1)(c).

Note:    Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).