Cultivating or knowingly taking part in the cultivation of prohibited plants (other than cannabis) 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:
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Prohibited plants other than cannabis include:
‘Cultivating’ includes sowing or scattering seeds, planting, growing, tending, nurturing or harvesting.
You ‘knowingly took part in’ cultivation if you:
You are not guilty if you had a valid licence, permit or authorisation to cultivate the plant.
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