Possessing Prohibited Plants (other than Cannabis)

Possessing prohibited plants (other than cannabis) 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. 15 years in prison for less than a commercial quantity if the case is finalised in a higher court, such as the District Court, or 2 years in prison if the case is finalised in the Local Court.

2. 20 years in prison for at least a commercial quantity, but less than a large commercial quantity, or
3. Life in prison for a large commercial quantity.

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

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

Prohibited plants other than cannabis include:

1. Erythroxylon (a source of cocaine)
2. Papaver Somniferum (opium poppy)
3. Papaver Orientale (Oriental poppies), and
4. Papaver Bracteatum (Iranian or Persian poppies).

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.