Our Result - Cannabis - 1300346

Reference: 1300346

Charge

1. Cultivate more than the prescribed number of plants
2. Possession of prescribed equipment

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