Cultivation and Manufacture
Cultivation and Manufacture
Cultivating or manufacturing prohibited drugs, such as cannabis or opium, is an offence under Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW).
What Must the Prosecution Prove?
The prosecution must prove:
- Cultivation: Took part in growing or cultivating a prohibited plant.
- Knowledge: Knew you were taking part in the cultivation or manufacture
- Drug: the plant or drug was prohibited (e.g., cannabis, opium poppies).
Cultivation Maximum Penalties
Penalties depend on the quantity and method of cultivation:
Small Quantity or Less
- Local Court:
- Up to 2 years imprisonment and/or $5,500 fine.
- District Court:
- Up to 15 years imprisonment and/or $220,000 fine (if not cannabis).
- Up to 10 years imprisonment and/or $220,000 fine (if cannabis).
Over Small, Less Than Indictable Quantity
- Local Court:
- Up to 2 years imprisonment and/or $11,000 fine.
- District Court:
- Up to 15 years imprisonment and/or $220,000 fine (if not cannabis).
- Up to 10 years imprisonment and/or $220,000 fine (if cannabis)
Over Indictable, Less Than Commercial Quantity
- Local Court:
- Up to 2 years imprisonment and/or $11,000 fine.
- District Court:
- Up to 15 years imprisonment and/or $220,000 fine (if not cannabis).
- Up to 10 years imprisonment and/or $220,000 fine (if cannabis).
Over Indictable, Less Than Commercial Quantity (Enhanced Indoor Growing)
- District Court:
- Up to 20 years imprisonment and/or $385,000 fine (if not cannabis).
- Up to 15 years imprisonment and/or $385,000 fine (if cannabis).
Over Commercial, Less Than Large Commercial Quantity
- District Court:
- Up to 20 years imprisonment and/or $385,000 fine (if not cannabis).
- Up to 15 years imprisonment and/or $385,000 fine (if cannabis).
Over Commercial, Less Than Large Commercial Quantity (Enhanced Indoor Growing)
- District Court:
o Up to 20 years imprisonment and/or $385,000 fine (if not cannabis).
o Up to 15 years imprisonment and/or $385,000 fine (if cannabis)
Large Commercial Quantity
- District Court:
- Life imprisonment and/or $550,000 fine (if not cannabis).
- Up to 20 years imprisonment and/or $550,000 fine (if cannabis).
Defences to Drug Cultivation
- Possible defences include:
• Duress or Necessity
• No Knowledge
• No Involvement in Cultivation
• Plant Not a Prohibited Drug, eg possession with a Prescription
Need Legal Help for Drug Cultivation?
If you’ve been charged with cultivating prohibited drugs, IMS Lawyers Australia can assist you in building a strong defence and giving you the best chance of acquittal or sentence to avoid imprisonment.
Contact us today!
