1. Cultivate more than the prescribed number of plants
2. Possession of prescribed equipment
Charge
Law
1. Controlled Substances Act 1984, s 33K
(1) A person who—
(a) cultivates a controlled plant (other than a cannabis plant); or
(ab) cultivates a cannabis plant by artificially enhanced cultivation; or
(b) cultivates more than the prescribed number of cannabis plants; or
(c) cultivates a cannabis plant intending to supply the plant or to supply or administer any product of the plant to another person,
is guilty of an offence.
2 . .Controlled Substances Act 1984, s 33LA
A person who, without reasonable excuse (proof of which lies on the person)—
(a) has possession of any prescribed equipment; or
(b) supplies to another person any prescribed equipment; or
(c) has possession of any prescribed equipment intending to supply it to another person,
is guilty of an offence.
Maximum Penalty
1 . $2000 or 2 Years Imprisonment or both 2 . $10,000 or 2 years or both
Penalty Received
4 months imprisonment (suspended) – Good behaviour bond $500, 2 years
Circumstances
17 plants – 1st time growing – personal use – suffered injuries from a car accident – cannabis for pain relief
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