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.
  1. 20 years in prison for at least a commercial quantity, but less than a large commercial quantity, or
  2. 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.

Going to Court? (02) 9261 8881

Menu

APPOINTMENT BOOKING

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

Your Review & Rating
* mandatory fields

Review Text *
Rating (optional)