Have you been charged with Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity?
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
-
Ice Epidemic in Victoria
-
Unauthorised Possession of Poison or a Controlled Substance
-
Manufacturing Heroin
-
Trafficking a Drug of Dependence in a Large Commercial Quantity
-
Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
-
Trafficking a Drug/s of Dependence in a Commercial Quantity
-
Trafficking a drug/s of Dependence to a Child
-
Trafficking a Drug/s of Dependence
-
Supplying a Drug/s of Dependence to a Child
-
Possession of Tablet Press
-
Possession of Chemical Precursor Chemicals
-
Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
-
Cultivation of Narcotic Plants
-
Drug of Dependence into the Body of Another Person
-
Obtaining Drugs of Dependence by False Representation
-
With Use or Possession of a Drug of Dependence
What does it mean to be charged with Cultivation of Narcotic Plants in a large Commercial Quantity?
Cultivation of Narcotic Plants Large Commercial Quantity (Section 72)
Under Section 72 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic)(“DPCSA”), a person is guilty of an indictable offence if they cultivate or attempt to cultivate a narcotic plant in a quantity that meets or exceeds the large commercial quantity threshold, without being authorised or licensed to do so.
Cultivation of Narcotic Plants Commercial Quantity (Section 72A)
Under Section 72A of the DPCSA a person is guilty of an indictable offence if they cultivate or attempt to cultivate a narcotic plant in a quantity that meets or exceeds the commercial quantity threshold, without being authorized or licensed to do so.
What must the prosecution prove for a Charge of Cultivating a Commercial Quantity of Narcotic Plant?
- You cultivated or attempted to cultivate a particular substance without authorisation.
- That substance was a narcotic plant.
- You cultivated, or attempted to cultivate, not less than a commercial quantity of narcotic plants.
What must the prosecution prove for a Change of Cultivating a Large Commercial Quantity of Narcotic Plant?
- You cultivated or attempted to cultivate a particular substance without authorisation.
- That substance was a narcotic plant.
- You cultivated, or attempted to cultivate, not less than a large commercial quantity of narcotic plants.
What does Cultivation mean?
This refers to the act of growing, tending, or nurturing narcotic plants. Cultivation includes planting seeds, watering, providing nutrients, and facilitating the plant’s growth in any other way.
Even if the cultivation process has not been fully successful, attempting to cultivate narcotic plants in such quantities is enough to be charged under this section.
What is a Commercial and a Large Commercial Quantity?
Commercial Quantities:
The DPCSA lists drugs and narcotic plants and sets both commercial and large commercial quantities. Here is an example:
Cannabis:
- Commercial quantity: 25 kg or 100 plants.
- Large commercial quantity: 250 kg or 1,000 plants.
Importance of Commercial Quantity:
- A commercial quantity indicates a number of drugs or narcotic plants that is considered indicative of trafficking, rather than personal use.
- Trafficking in a commercial quantity attracts more severe penalties than smaller quantities.
- If the amount is less than a commercial quantity but more than what is typically associated with personal use, it could still lead to serious charges like possession with intent to supply or trafficking.
Charges related to cultivation, possession, or trafficking of a commercial quantity or more are treated as indictable offences with severe penalties, including significant prison terms and fines.
What is a Narcotic Plant?
The term “narcotic plant” is defined in the DPCSA Section 4, a narcotic plant generally refers to plants from which drugs of dependence can be derived. The Act includes specific plants that are considered narcotic, such as:
- Cannabis – includes the whole plant or any part of the plant.
- Opium poppies – plants from which opiates like morphine or heroin can be extracted.
- Coca plants – the source of cocaine.
- Other plants from which controlled drugs can be derived or synthesised.
This is a non-exhaustive list, for more information please see the DPCSA.
Penalties for Cultivating a Commercial Quantity of Narcotic Plant:
The offence carries a maximum penalty of level 2 imprisonment, which is a maximum of 25 years.
Penalties for Cultivating Large Commercial Quantity of Narcotic Plants:
This offence carries a maximum penalty of life imprisonment (level 1). In addition to imprisonment, the court may impose a fine of up to 5,000 penalty units.
Where will my case be heard?
Cultivation of Narcotic Plants – Large Commercial Quantity will mostly be heard in the County Court but can also go to the Supreme Court in severe cases.
Factors and Defences to consider:
- Did you intentionally cultivate a narcotic plant?
- Was it considered to be a commercially large quantity?
- Did you cultivate the narcotic plant for personal or commercial purposes?
- Do you have any previous offences of a similar nature?
- Did you have authorisation to cultivate narcotic plants?
-
Ice Epidemic in Victoria
-
Unauthorised Possession of Poison or a Controlled Substance
-
Manufacturing Heroin
-
Trafficking a Drug of Dependence in a Large Commercial Quantity
-
Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
-
Trafficking a Drug/s of Dependence in a Commercial Quantity
-
Trafficking a drug/s of Dependence to a Child
-
Trafficking a Drug/s of Dependence
-
Supplying a Drug/s of Dependence to a Child
-
Possession of Tablet Press
-
Possession of Chemical Precursor Chemicals
-
Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
-
Cultivation of Narcotic Plants
-
Drug of Dependence into the Body of Another Person
-
Obtaining Drugs of Dependence by False Representation
-
With Use or Possession of a Drug of Dependence
Testimonials
What people Say
-
I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
-
Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read More5/5
-
I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read More5/5
-
Marie Lukic defended me and l couldn’t be happier with the results, she listened too what l said and was able too put in her words too get me th... Read More5/5
What happens next?
After being charged with Cultivation of Narcotic Plants in a Commercial and Large Commercial Quantity, the next step is to seek legal advice. At MK Law, we will guide you through the legal process and provide tailored advice on your options moving forward. Our team will assess your case, review the charges, and examine the evidence to identify any strengths or weaknesses in the prosecution’s case. We will clearly explain your legal rights, potential defences, and the penalties you may face.
Additionally, we will discuss your plea options, whether it’s pleading guilty or contesting the charges, and help you understand any potential plea bargains. If you choose to defend the charges, we will work closely with you to prepare a strong defence strategy, which includes gathering evidence, challenging the prosecution’s case, and exploring all possible defences. We can also negotiate with the prosecution for reduced charges or penalties if appropriate. If your case proceeds to trial, MK Law will represent you in court, advocating for the best possible outcome while ensuring your rights are protected throughout the entire process. Call 1800 130 120 for confidential expert advice today.
Free Legal Advice 24/7
Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au