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
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.
(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