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