Going to Court? Book Your Free First Appointment

Possessing Cannabis Plants

Possessing cannabis plants is an offence under section 23(1)(c) and 23(2)(c) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of:

  1. 10 years in prison for less than 250 plants if the case is finalised in a higher court, such as the District Court, or 2 years in prison if it is finalised in the Local Court
  2. 15 years in prison for 250 to 999 plants, or
  3. 20 years in prison for 1000 plants or more.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You possessed a plant, and
  2. The plant was a cannabis plant.

You are not guilty if you had a valid licence, permit or authorisation to possess the plant.

Defences to the charge include duress and necessity.

What Our Clients Say SEE ALL

  • ★★★★★

    Coming out of court with everything dropped in my favour

    Ms Anoya who was my solicitor, I believed I had no chance at winning my…

  • ★★★★★

    She helped guide me with all the legal requirements and made it easy ensuring I didn’t feel overwhelmed

    I cannot thank Mariecar Capili enough. Having never had any issues with the law in…

  • ★★★★★

    Both calming, understanding but also assertive

    Just want to say a huge thanks to Mariecar Capili. Found myself in real need…

  • ★★★★★

    Providing excellent advice and clear steps and actions

    After getting advice from another firm that didn't sit right with me, I reached out…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)