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Selling Cannabis Plants

Selling Cannabis Plants is an offence under Section 304.3 of the Criminal Code Act 1995 which carries a maximum penalty of 10 years in prison.

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

  1. You sold at least one cannabis plant
  2. You knew, or were reckless as to whether, what you were selling were cannabis plant/s

You were ‘reckless’ if you were aware it was likely that you were selling a cannabis plant or 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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