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ADLA member for - VIC

Written by
Kristina Kothrakis
Criminal Defence Lawyer


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 - Dated: 09/01/2009

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.

Mariuajana / Cannabis
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