Going to Court? Book Your Free First Appointment

Possessing Prohibited Plants (other than Cannabis)

Possessing prohibited plants (other than cannabis) 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. 15 years in prison for less than a commercial quantity if the case is finalised in a higher court, such as the District Court, or 2 years in prison if the case is finalised in the Local Court.
  1. 20 years in prison for at least a commercial quantity, but less than a large commercial quantity, or
  2. Life in prison for a large commercial quantity.

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

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

Prohibited plants other than cannabis include:

  1. Erythroxylon (a source of cocaine)
  2. Papaver Somniferum (opium poppy)
  3. Papaver Orientale (Oriental poppies), and
  4. Papaver Bracteatum (Iranian or Persian poppies).

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

  • ★★★★★

    Providing excellent advice and clear steps and actions

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

  • ★★★★★

    Delivered an outstanding outcome

    I strongly recommend James Clement who delivered an outstanding outcome on my appeal case. His…

  • ★★★★★

    Her ability to navigate complex legal matters with confidence and competence sets her apart

    I want to express my sincere gratitude for the exceptional legal representation provided by Rachel…

  • ★★★★★

    Genuinely changed my life!

    Tandy genuinely changed my life! Would recommend her to anyone.

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)