WA Criminal Law

Section 7(2): A person who has in his possession or cultivates a prohibited plant, commits a simple offence (unless authorised under the Poisons Act 1964 or the Industrial Hemp Act 2004).

“Possession” includes control or dominion over and to have the order or disposition of the thing.

The maximum penalty for possession of prohibited plants (less than 10 plants) is a fine of $2,000 or up to 2 years imprisonment, or both.

(1) That the plants in the accused’s possession are prohibited plants;
(2) That the accused was aware that the plants were in their possession; and
(3) That the accused had some form of claim or control over the plants.

(a)    The prohibited plants were not in the accused’s possession;
(b)    The accused had no knowledge of the plants;
(c)    Mistake of fact;
(d)    Duress; and
(e)    Lawful Authority.

The matter would be heard in the Magistrates Court.