Cultivating cannabis plants by enhanced indoor means in the presence of children is an offence under section 23A(1) and (2) of the Drug Misuse and Trafficking Act, 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.
A ‘child’ is a person under the age of 16 years.
A defence to the charge is that the exposure did not endanger the health or safety of the child.
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