Supplying or Knowingly Taking Part in the Supply of a Prohibited Plant (other than Cannabis)
Possessing cannabis plants is an offence under section 23(1)(a) and 23(2)(c) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of:
- 10 years in prison for less than 250 plants if the case is finalised in a higher court, such as the District Court, or 2 years in prison if it is finalised in the Local Court
- 15 years in prison for 250 to 999 plants, or
- 20 years in prison for 1000 plants or more.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You possessed a plant, and
- The plant was a cannabis plant.
You are not guilty if you had a valid licence, permit or authorisation to possess the plant.
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