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