Cultivating or knowingly taking part in the cultivation of cannabis plants Is an offence under section 23(1)(a) and 23(2) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of:
- 10 years in prison for less than 250 plants, if the case is finalised in a higher court, such as the District Court, or 2 years in prison if it is finalised in the Local Court.
- 15 years in prison for 250 to 999 plants, or
- 20 years in prison for 1000 plants or more.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You cultivated a plant, or you knowing took part in the cultivation of a plant, and
- The plant was a cannabis plant.
‘Cultivating’ includes sowing or scattering seeds, planting, growing, tending, nurturing or harvesting.
You ‘knowingly took part in’ cultivation if you:
- Took or participated in any step of the cultivation process or caused any such step to be taken
- Provided or arranged finance for any step in the cultivation process
- Provided the premises for any step in the cultivation process, or suffered or permitted any such step to be taken in a premises for which you were the owner, lessee, occupier or manager.
You are not guilty if you had a valid licence, permit or authorisation to cultivate the plant
Defences to the charge include duress and necessity.