Drug Offences – VIC
The Law – Cultivation of narcotic plants – commercial quantity
What the Law states
Drugs, Poisons and Controlled Substances Act 1981 – SECT 72A
Cultivation of narcotic plants-commercial quantity
72A. Cultivation of narcotic plants-commercial quantity
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 in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Maximum Penalty – Cultivation of narcotic plants – commercial quantity
25 years
What the Police must prove – Cultivation of narcotic plants – commercial quantity
(a) The accused intended to cultivate narcotic plants in a commercial quantity.
(b) The plants are narcotic plants.
Possible Defences
(a) Factual dispute
(b) Honest and reasonable mistake of belief
(c) Lack of intent
(d) The accused was authorised, or held a relevant licence
(e) Quantity less than a commercial quantity
Which court will hear the matter
County Court