Drug Offences – VIC

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

What the Law States according to VIC Law for Cultivation of narcotic plants – large commercial quantity

According to VIC Law for the charge of Cultivation of narcotic plants – large commercial quantity,

Drugs, Poisons and Controlled Substances Act 1981 – SECT 72
Cultivation of narcotic plants-large commercial quantity

72. Cultivation of narcotic plants-large 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 large commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable-

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

The Maximum Penalty – Cultivation of narcotic plants – large commercial quantity

According to VIC Law for the charge of Cultivation of narcotic plants – large commercial quantity, life imprisonment and 5000 penalty units.

What the Police must prove according to VIC Law for Cultivation of narcotic plants – large commercial quantity

(a) The accused intended to cultivate narcotic plants in a quantity larger than a commercial quantity.
(b) The plant cultivated was a narcotic plant.
(c) The quantity cultivated was not less than a large commercial quantity.

Possible Defences under VIC Law – Cultivation of narcotic plants – large commercial quantity

(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 large commercial quantity

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

County Court

 

Date: 09/01/2009