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:
- You cultivated cannabis
- You knew, or were reckless as to whether, the substance was, or plants were, cannabis, and
- You did so for a commercial purpose
‘Cultivate’ means:
- To plant a seed, seedling or cutting
- To transplant a plant
- To nurture, tend or grow a plant
- To guard or conceal a plant, or
- To harvest a plant, pick any part of it or separate any resin or substance from it
You ‘cultivated’ a plant if:
- You engaged in its cultivation
- You exercised discretion or control over its cultivation, or
- You provided finance for its cultivation
A ‘commercial purpose’ is where:
- You intended to sell any of the plant or its products, or
- You believed another person intended to sell any of the plant or its products
A ‘product’ of the plant is:
- A seed of the plant
- A part of the plant, whether dead or alive, or
- 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:
- Your actions were due to a threat of death or serious injury to you and/or a family member
- There was no reasonable way for you to render the threat ineffective, and
- Your conduct was a reasonable response to the threat
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