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In Victoria, the Drugs, Poisons and Controlled Substances Act 1981 (Vic) contains various charges for cultivation of prohibited narcotic plants. Cultivation at its most basic level is considered an indictable offence.
According to the Controlled Substances Act 1984 (SA) s 33B, the cultivation of controlled plants with the intention to sell them or their products, or the belief that someone else intends to sell it is an offence.
Cultivation can include the following processes:
- Growing or tending.
- Guarding or concealing.
This includes even just harvesting one leaf or planting one seed.
As of February 2016, medicinal cannabis has been legalised, meaning that you are only allowed cannabis if you have a doctors’ prescription or a permit, but you must also be aware that it is still illegal to buy or grow it for personal and recreational use.
Facing drug cultivation offences in Australia
If you find yourself facing a cultivation charge, under Section 72B of the Drugs, Poisons and Controlled Substances Act 1981, it will need to be proven that you cultivated the plant without permission, that you cultivated the plant with the intention to sell the plant, or for any other purpose not related to trafficking.
A drug cultivation charge is serious and you need to be aware of the charges you may face if you are indicted. Cultivation sentences are also handed own in relation to the quantity of the plant that you have. 10 plants is a trafficable quantity, 20 plants is a commercial quantity and 100 plants is a large commercial quantity.
The maximum penalty for trafficable cultivation is 1 year of imprisonment and/or a fine of 20 penalty units. The charges become more serious for cultivating commercial quantities and large commercial quantities of narcotic plants. Cultivating commercial quantities carries a maximum fine of 25 years imprisonment (level 2 imprisonment). The maximum penalty for cultivating large commercial quantities of a narcotic plant is life imprisonment (level 1 imprisonment) and a fine of 5000 penalty units.
If you are facing a charge concerning the cultivation of a prohibited plant it is important that you are aware of the specifics of your matter and if there are any defences available to you. Our team at Crim Legal has extensive experience with advising clients on cultivation charges. We have won many cultivation cases for our clients. Call us on 1300 388 298 for advice.
FREQUENTLY ASKED QUESTIONS
to your common criminal law questions:
Yes. You may have a cause of action against the police and/or individuals involved. It depends on the case, the details of the mistreatment and the evidence.
Generally they can, only if they have a search warrant, or if they have reason to believe that a person is on the property and there is cause to arrest that person, but not for all offences.
Birth parents or biological parents can be charged with criminal offending against their own children.
Such a person may have prospects for an appeal on the basis that there was nothing challenged regarding the circumstances.
The people growing medicinal cannabis may raise a defence in my view of necessity.
We are able to provide advice in respect to both State and Commonwealth laws, and also other State laws for that matter.
Yes, this is your private information that you are entitled to have a copy of.
You should write a letter to the chief magistrate and also to your local PM and tell them to get a transcript of the day that you were in court. If you don't get a reply, keep following up until you do. This is the sort of thing that can bring about a major change.
Parking fines can become part criminal if a warrant is issued to enforce them and that is what can lead to jail. It is also possible to issue a civil warrant for arrest to bring a person to court and this is essentially how fines are enforced.
Victoria Police have a policy in place called the “Information Release Policy” that applies to requests for a person’s criminal conviction history. The police policy states that it will release details of prior offences if 10 years has passed since an adult was last found guilty of an offence, and a five year waiting period applies to juvenile offending. After these periods the criminal history should not be released.
I think this would be a breach of the relevant Work Cover legislation that may give rise to a criminal prosecution.
Yes, it is possible to defend an application for forfeiture of a vehicle.