Going to Court? Book Your Free First Appointment
(02) 9261 8881
Book a Lawyer

Saved Pages

Save pages and articles you’re most interested in to read later on.

Cannabis Cultivation

Cannabis Cultivation is an offence under Section 303.6 of the Criminal Code Act 1995 which carries a maximum penalty of 10 years in prison.

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

  1. You cultivated cannabis
  2. You knew, or were reckless as to whether, the substance was, or plants were, cannabis, and
  3. You did so for a commercial purpose

‘Cultivate’ means:

  1. To plant a seed, seedling or cutting
  2. To transplant a plant
  3. To nurture, tend or grow a plant
  4. To guard or conceal a plant, or
  5. To harvest a plant, pick any part of it or separate any resin or substance from it

You ‘cultivated’ a plant if:

  1. You engaged in its cultivation
  2. You exercised discretion or control over its cultivation, or
  3. You provided finance for its cultivation

A ‘commercial purpose’ is where:

  1. You intended to sell any of the plant or its products, or
  2. You believed another person intended to sell any of the plant or its products

A ‘product’ of the plant is:

  1. A seed of the plant
  2. A part of the plant, whether dead or alive, or
  3. a substance separated from the plant

You were ‘reckless’ if you were aware it was likely that the substance or plant was cannabis but went ahead with your actions regardless.

A defence to the charge is ‘duress’, which is where:

  1. Your actions were due to a threat of death or serious injury to you and/or a family member
  2. There was no reasonable way for you to render the threat ineffective, and
  3. Your conduct was a reasonable response to the threat

What Our Clients Say SEE ALL

  • ★★★★★
    〉Brian M. 3 days ago

    Professional attitude

    Sydney Criminal lawyer’s Tuan Phan comes highly recommended by myself for his professional attitude and…

  • ★★★★★
    〉Jose V. 4 days ago

    I can’t thank Tuan enough

    I just want to express my gratitude to Tuan Phan for representing my daughter in…

  • ★★★★★
    〉Aiden H. 1 week ago

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm could not

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm…

  • ★★★★★
    〉Cameron M. 1 week ago

    Communication was clear and professional

    Fahim Khan of Sydney Criminal Lawyers recently represented my partner. His communication was clear and…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

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

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)