Cultivating cannabis plants by enhanced indoor means for a commercial purpose is an offence under section 23(1A)(b) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of:
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Cultivating’ includes sowing or scattering seeds, planting, growing, tending, nurturing or harvesting.
You ‘knowingly took part in’ cultivation if you:
Cultivation is ‘by enhanced indoor means’ if it occurs:
(a) The nurture of the plant in nutrient-enriched water
(b) The application of an artificial light or heat source
(c) Suspending the plant’s roots and spraying them with nutrient solution.
Cultivation is for a ‘commercial purpose’ if it occurred:
You are not guilty if you had a valid licence, permit or authorisation to cultivate the plant.
The best lawyers I've ever used! Karina Diec and Fahim Khan were truly amazing to…
Mr. Fahim Khan handled my case very professionally and with great expertise. He was always…
Fahim recently helped finalise a matter with the best outcome we could ever hoped for.…
Fahim, the name brings me memories of respect, dignity and determination. Absolutely relentless in his…