Cultivating prohibited plants by enhanced indoor means (other than cannabis) is an offence under section 23(1A)(a) 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:
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.
You are not guilty if you had a valid licence, permit or authorisation to cultivate the plant.
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