Drug Offences – VIC

Welcome to the VIC Cultivation of narcotic plants article page. Everything you need to know about Cultivation of narcotic plants according to VIC law.

What the Law States according to VIC Law for Cultivation of narcotic plants

According to VIC Law for the charge of Cultivation of narcotic plants,

Drugs, Poisons and Controlled Substances Act 1981 – SECT 72B
Cultivation of narcotic plants

72B. Cultivation of narcotic plants

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable offence and liable-

(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or

(b) in any other case, to level 4 imprisonment (15 years maximum).

The Maximum Penalty – Cultivation of narcotic plants

According to VIC Law for the charge of Cultivation of narcotic plants, 15 years.

What the Police must prove according to VIC Law for Cultivation of narcotic plants

(a) The accused was cultivating narcotic plants.

Possible Defences under VIC Law – Cultivation of narcotic plants

(a) Factual dispute
(b) Honest and reasonable mistake of belief
(c) Lack of intent
(d) The accused has authorisation

In VIC which court will hear the matter – Cultivation of narcotic plants

Magistrates’ Court

Street names for Cultivation of narcotic plants

Cultivation of cannabis, cultivating a drug of dependence

 

Date: 09/01/2009