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Supplying or Knowingly Taking Part in the Supply of Cannabis Plants

Supplying or knowingly taking part in the supply of cannabis plants is an offence under section 23(1)(b) and 23(2)(b) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of:

  1. 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
  2. 15 years in prison for 250 to 999 plants, or
  3. 20 years in prison for 1000 plants or more.

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

  1. You supplied a plant, or you knowing took part in the supply of a plant, and
  2. The plant was a cannabis plant.

To ‘supply’ includes:

  1. To sell or distribute
  2. To agree or offer to supply
  3. To keep or possess for supply
  4. To send, forward, deliver or receive for supply, or
  5. To authorise, direct, cause, suffer, permit or attempt any of the above.

You ‘took part in’ supply if you:

  1. Took or participated in any step of the supply process or caused any such step to be taken
  2. Provided or arranged finance for any step in the supply process
  3. Provided the premises for any step in the supply process, or suffered or permitted any such step to be taken in a premises for which you were the owner, lessee, occupier or manager.

You are not guilty if you had a valid licence, permit or authorisation to supply the plant.

Defences to the charge include duress and necessity.

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