Criminal Lawyers for Drug Cultivation – s 23 Drug Misuse and Trafficking Act 1985


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Drug cultivation encompasses a variety of actions which involve the growing or maintenance of illegal plants.

While being charged with drug cultivation has the ability to negatively impact your life and future, you can trust Sydney’s most experienced drug law specialists to fight hard to protect your liberty, allowing you to have a more positive outlook on life.

Your Options

Pleading Not Guilty

To be found guilty of drug cultivation, the prosecution must prove beyond a reasonable doubt that you either:

  • Cultivated an illegal plant – for example, watering or fertilizing plants, even where they are not on your property and they do not belong to you, OR
  • Supplied an illegal plant to another person, including seeds or spores, OR
  • Possessed an illegal plant on your property, even where you do not own them.

If you feel that the prosecution will be unable to prove any one of these three circumstances, you may wish to enter a plea of ‘not guilty’ to the charges.

Our experienced drug lawyers can then present your side of the story in court, along with any evidence to prove your innocence.

Our lawyers specialise in drug law and have a proven track record of winning serious drug cultivation cases – so you can count on us to give you the best possible defence.

In many cases, we are able to get charges dropped at an early stage by raising problems with the prosecution evidence – for example, where there is not enough evidence to prove that you cultivated an illegal plant.

We can also advise you of any defences that you can raise to explain your actions, for example where:

  • You were threatened or forced into cultivating the plants (duress)
  • You were not aware that the plants you had were illegal (honest and reasonable mistake)

When it comes to your liberty, don’t waste time talking to an inexperienced general lawyer. Benefit from the knowledge and experience of our senior drug lawyers – Accredited Criminal Law Specialists who will give you the best defence against the charges.

Pleading Guilty

If you wish to accept the charges against you, you can enter a plea of guilty to the charges.

In some cases, this may be beneficial as it will demonstrate your remorse to the court and may potentially help you achieve a more lenient penalty.

If you are considering pleading guilty, you may be wondering what types of penalties you could face and how they could affect you.

The maximum penalties that apply will depend on the amount of plants that you have:

 

No. of plants

Maximum Penalty

Local Court

District Court

Small quantity 5
  • Not more than the small quantity: 2 years imprisonment and/or $5,500 fine.

  • Not more than the small quantity: 10 years imprisonment and/or $220,000 fine if cannabis; 15 years imprisonment and/or $220,000 fine if other than cannabis.
Indictable quantity 50
  • More than small quantity but less than indictable quantity: 2 years imprisonment and/or $11,000 fine.
  • More than small quantity but less than indictable quantity: 10 years imprisonment and/or $220,000 fine if cannabis; 15 years imprisonment and/or $220,000 fine if other than cannabis.
Commercial quantity 250
  • More than indictable quantity but less than commercial quantity: 2 years imprisonment and/or $11,000 fine.
  • More than indictable quantity but less than commercial quantity: 10 years imprisonment and/or $220,000 fine if cannabis; 15 years imprisonment and/or $220,000 fine if other than cannabis.
Large commercial quantity 1000
  • More than commercial quantity but less than large commercial quantity: Cannot be dealt with by Local Court.
  • Large commercial quantity: Cannot be dealt with by Local Court.
  • More than commercial quantity but less than large commercial quantity: 15 years imprisonment and/or $385,000 fine if cannabis, or 20 years imprisonment and/or $385,000 fine if other than cannabis.
  • Large commercial quantity: 20 years imprisonment and/or $550,000 fine if cannabis, or life imprisonment and $550,000 fine if other than cannabis.

However, these are maximum penalties only and will only apply in the most serious of cases. The type of penalty that you will receive will depend on the facts and circumstances of your case.

Our expert drug lawyers can help you avoid these harsh maximum penalties by presenting your case in the most positive light and convincing the judge to issue you with an alternative and less onerous penalty.

For example, if you are a person of good character and you have a low chance of reoffending, our lawyers can discuss these factors when persuading the judge to deal with your matter leniently.

The types of penalties that the court is able to issue include:

Statistics indicate that the average penalty for cultivating a commercial quantity of a prohibited plant is 27 months imprisonment, with a non-parole period of 15 months. However, you can increase your chances of getting a more favourable penalty by getting our expert drug lawyers on your side.

Our expert insight and knowledge enables us to fight hard to get the best possible penalty for our clients, even when the charges are serious.

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