Cultivation of Narcotic Plants – Commercial Quantity

by Doogue + George Criminal Defence Lawyers

This charge is made against a person who cultivated or attempted to cultivate narcotic plants in a commercial quantity without being authorised to do so.

Examples of Cultivation of Narcotic Plants – Commercial Quantity

  • A man grows 10 large marijuana plants in his basement
  • A group of people set up a production plant in a factory and make ice
  • A woman grows opium poppy flowers in her garden
  • A scientist develops a genetically engineered yeast to make morphine for his friends

What are some of the possible defences to a Cultivation of Narcotic Plants – Commercial Quantity charge?

One of the defences that may be used against this charge is that the quantity of the drug cultivated was not a commercial quantity. Depending on the circumstances surrounding the alleged offending, other defences may be considered. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

  • What is the commercial quantity for the drug you are being charged with cultivating?
  • Can they prove you were linked to the cultivation?

Maximum penalty and the court that deals with this charge

The maximum penalty for this offence is level 2 imprisonment (25 years).

It is a very serious offence that will normally result in imprisonment being imposed by the County Court.

What is the legal definition of Cultivation of Narcotic Plants – Commercial Quantity?

Cultivating or attempting to cultivate a narcotic plant in a quantity, that is not less than the commercial quantity applicable to that narcotic plant.

Legislation

The section that covers this offence is section 72A of the Drugs, Poisons and Controlled Substances Act 1981.

What can you be sentenced to for this charge?

Cultivation of Narcotic Plants in a Commercial Quantity is a serious offence that will normally result in imprisonment. However, this will depend on the circumstances of the case and the extent of your involvement in the cultivation.

If you are facing a charge of Cultivation of Narcotic Plants – Commercial Quantity, you should know that you run a significant risk of landing behind bars should you be found guilty. Call Doogue + George Defence Lawyers for expert criminal defence. We are experienced in handling drug cases at any Victorian court.

To view actual cases related to this charge as well as links to other informative resources, visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/cultivation-narcotic-plants-commercial-quantity.



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