This charge is made against a person who cultivated or who attempted to cultivate narcotic plants in a quantity larger than a commercial quantity without being authorised to do so. With this sort of offending, there is no difference between cultivating heroin, cocaine or marijuana.
Examples of Cultivation of Narcotic Plants – Large Commercial Quantity
- Two brothers grows 100 large marijuana plants in their shed
- A group of people set up a production plant in a factory and make large quantities of cocaine
What are some of the possible defences to a Cultivation of Narcotic Plants – Large Commercial Quantity charge?
The quantity of the drug cultivated was not a large commercial quantity
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions that are asked in cases like this:
- What is the large commercial quantity for the drug you are being charged with cultivating?
- Can they prove you were linked to the cultivation?
Maximum penalty and court that deals with this charge
This sort of charge will generally be heard in the County Court. The maximum penalty for this offence is life imprisonment (level 1 imprisonment) including a fine of not more than 5,000 penalty units.
What can you be sentenced to for this charge?
Cultivation of narcotic plants in a large commercial quantity is a very serious offence for which the courts say that you normally must serve a lengthy prison term if you are found guilty.
What is the legal definition of Cultivation of Narcotic Plants – Large Commercial Quantity?
This charge is defined as cultivating or attempting to cultivate a narcotic plant in a quantity that is not less than the large commercial quantity applicable to that narcotic plant.
The section that covers this offence is section 72 of the Drugs, Poisons and Controlled Substances Act 1981.
This charge is at the top scale of criminal offences and hence requires careful criminal defence planning and an impeccable strategy. Doogue + George Defence Lawyers has accredited criminal law specialists who regularly appear in various Victorian courts to represent clients charge with drug crimes. Call us.
To learn more about Cultivation of Narcotic Plants – Large Commercial Quantity, you may also visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/cultivation-narcotic-plants-large-commercial-quantity.