Going to Court? Book Your Free First Appointment

Possessing Cannabis Plants

Possessing cannabis plants is an offence under section 23(1)(c) and 23(2)(c) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of:

  1. 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
  2. 15 years in prison for 250 to 999 plants, or
  3. 20 years in prison for 1000 plants or more.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You possessed a plant, and
  2. The plant was a cannabis plant.

You are not guilty if you had a valid licence, permit or authorisation to possess the plant.

Defences to the charge include duress and necessity.

What Our Clients Say SEE ALL

  • ★★★★★

    Very proffesional approach

    Quick shout out to Fahim from Sydney Criminal Lawyers. This guy means business and does…

  • ★★★★★

    Went above and beyond to secure a favourable outcome

    Rasheen Mahmodian provided great legal advice and went above and beyond to secure a favourable…

  • ★★★★★

    The outcome was even better than expected

    Karina Diec was absolutely amazing, could not fault her efforts, dedication, advice and just making…

  • ★★★★★

    Professional work ethic, and lovely to work with such nice and understanding lawyers

    If you ever need a lawyer this is the best firm to go to, such…

Going to Court? Call For Your Free First Appointment