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Possessing Items for Commercial Cannabis Cultivation

Possessing Items for Commercial Cannabis Cultivation is an offence under Section 308.3 of the Criminal Code Act 1995 which carries a maximum penalty of 7 years in prison.

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

  1. You possessed a plant, product of a plant, equipment or document containing instructions for growing a plant
  2. You intended to use the item/s to cultivate cannabis, and
  3. You intended to sell, or believed another intended to sell, any of the cannabis so cultivated or any of its products

A defence to the charge is ‘duress’, which is where:

  1. Your actions were due to a threat of death or serious injury to you and/or a member of your family
  2. There was no reasonable way to render the threat ineffective, and
  3. Your conduct was a reasonable response to the threat

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