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

  • ★★★★★

    High level of attention and responsiveness kept up the whole time he was working on my case

    Arvind Jador stepped in and took over my case and stayed really responsive to all…

  • ★★★★★

    Provided great advice and she achieved a great outcome for myself

    Ash provided great advice and she achieved a great outcome for myself.

  • ★★★★★

    Amazing from start to finish

    Having a family member in a horrible situation Sydney Criminal Lawyer were great and Jayden…

  • ★★★★★

    Very knowledgeable and efficient team of lawyers

    Highly recommend. Very knowledgeable and efficient team of lawyers.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)