The offence of cultivating cannabis can be committed in any of the following ways:
The maximum penalty for a cultivation offence will vary depending on the number of plants you have. For sentencing purposes cultivating cannabis plants are classified as follows:
No. of plants
Large Commercial Quantity: 100
Commercial Quantity: 20
Trafficable Quantity: 10
The maximum penalty for cultivating more than 5 plants is a fine of $2,000 or 2 years imprisonment, or both.
The maximum penalty for cultivating more than 1 plant but less than 5 plants, is a fine of $1,000 or 6 months imprisonment, or both.
The maximum penalty for cultivating a trafficable quantity of cannabis is a fine of $75,000 or 15 years imprisonment, or both.
The maximum penalty for cultivating a commercial quantity of cannabis is a fine of $500,000 or imprisonment for life, or both.
The maximum penalty for cultivating a large commercial quantity of cannabis is a fine of $500,000 or imprisonment for life, or both.
The cultivation of not more than 1 plant constitutes a simple cannabis offence under this section. For simple cannabis offences the police have discretion to issue a cannabis expiation notice. This means payment of an on the spot fine and avoids court proceedings. Cannabis grown hydroponically is not included in the Cannabis Expiation Notice Scheme.
There are a number of ways to defend drug cultivation charges – to either have the charges dismissed altogether or to downgrade the severity of the punishment.
It Is Not Cannabis
Section 4 of the Controlled Substances Act 1984 defines cannabis as: a plant, or any part (including the seed) of a plant, of the genus cannabis, but does not include cannabis resin or oil. Thus, you will have a complete defence to this charge if it can be shown that the plant or plant matter in your possession was something other than cannabis.
You Didn’t Know It Was Cannabis
If you genuinely believed that you were growing some variety of plant other than cannabis, and it was reasonable for you to hold that belief, then you may have a defence to this charge.
The Plants Were Dead
Section 4 of the Controlled Substances Act 1984 defines a controlled plant as: a growing cannabis plant or a cutting of a cannabis plant (provided that the cutting has been planted or otherwise placed in a growing medium). Thus, if the plants are dead they do not fall under the scope of the legislation and you will have a defence to this charge.
The Plants Did Not Have A Root System
Section 4 of the Controlled Substances Act 1984 defines a controlled plant as: a growing cannabis plant or a cutting of a cannabis plant (provided that the cutting has been planted or otherwise placed in a growing medium). Thus, without a root system, the plants do not fall under the scope of the legislation and you will have a defence to this charge.
You Did Not Take Part In The Process Of Cultivation
Section 4 of the Controlled Substances Act 1984 defines cultivation as:
If it can be shown that you did not take part in any of these activities, you may have a defence to this charge.
It Was Only 1 Plant
Under Schedule 5 of the Controlled Substances (Controlled Substances, Precursors and Plants) 2000, the cultivation of 1 plant is an expiable offence. The maximum penalty is a fine of $300.
Assaulting a police officer is a summary offence and will be dealt with in the Magistrates Court of South Australia.
Come and see the professional team at Caldicott Lawyers for assistance in your cultivation of cannabis matter.
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Our client was charged with two counts of trafficking in controlled drug.
Our client pleaded guilty to the offence and was sentenced to a term of imprisonment of three and a half years, with an 18 month non-parole period, suspended upon him entering into an 18 month good behaviour bond, supervised by the Department of Corrections for 12 months. An excellent result for the client.
Trafficking in a commercial quantity of a controlled drug.
Our client was charged with trafficking in a commercial quantity of a controlled drug, namely 700 tablets of ecstasy.
A search warrant was executed on his property with the drugs being found, some tick lists and an amount of $10,000.00 cash.
Shortly after arrest, we secured our client counselling in a drug rehabilitation facility. Further, reference material was obtained from family and friends as well as urine analysis to demonstrate the rehabilitative process that the client had undertaken.
Ultimately, he received a term of imprisonment of two years, one day and six months suspended upon him entering into a good behaviour bond.
The client was charged with trafficking ecstasy, possession of firearms, fail to store ammunition and possessing an unregistered firearm.
He received a total of three years and five months, with a two year non-parole period, suspended upon him entering into a $1,000.00 good behaviour bond, and to be under supervision for 12 months.
