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Selling a Commercial Quantity of Cannabis Plants

Selling a Commercial Quantity of Cannabis Plants is an offence under Section 304.1 of the Criminal Code Act 1995 which carries a maximum penalty of life in prison.

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

  1. You sold at least 1,000 cannabis plants, and
  2. You knew, or were reckless as to whether, what you were selling were cannabis plants

You were ‘reckless’ if you were aware it was likely that you were selling cannabis plants but went ahead with your actions regardless.

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 family member
  2. There was no reasonable way for you to render the threat ineffective, and
  3. Your conduct was a reasonable response to the threat

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