Have you been Charged with Cultivation of Narcotic Plants?
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Ice Epidemic in Victoria
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Unauthorised Possession of Poison or a Controlled Substance
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Manufacturing Heroin
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Trafficking a Drug of Dependence in a Large Commercial Quantity
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Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
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Trafficking a Drug/s of Dependence in a Commercial Quantity
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Trafficking a drug/s of Dependence to a Child
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Trafficking a Drug/s of Dependence
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Supplying a Drug/s of Dependence to a Child
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Possession of Tablet Press
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Possession of Chemical Precursor Chemicals
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Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
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Cultivation of Narcotic Plants
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Drug of Dependence into the Body of Another Person
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Obtaining Drugs of Dependence by False Representation
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With Use or Possession of a Drug of Dependence
What does it mean to be charged with Cultivation of Narcotic Plants?
Being charged with cultivation of narcotic plants refers to the illegal act of growing or attempting to grow plants classified as narcotic under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) (“DPCSA”) Section 72B. This includes plants such as cannabis or other plants used to produce drugs of dependence.
What is Cultivation?
Cultivation includes planting, nurturing, tending, or otherwise promoting the growth of these plants without authorisation or a license under the law.
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.
What does the prosecution have to prove:
- You cultivated a narcotic plant without authorisation.
- You did so for any purpose related to trafficking in that plant;
- Or you did so for any other purpose that is not related to trafficking in that plant.
Penalties associated with Cultivation of Narcotic Plants:
The severity of the charge depends on the quantity of the narcotic plants being cultivated:
For cultivating a narcotic plant not associated with trafficking, the penalty can be up to 1 year imprisonment (Level 8), a fine of no more than 20 penalty units, or both.
For cultivating a narcotic plant for other purposes, including trafficking, the penalty can be up to 15 years imprisonment (Level 4).
The law is particularly strict when the cultivation involves commercial or large commercial quantities, as this suggests involvement in drug trafficking or large-scale production for illegal distribution.
Where will my case be heard?
Charges for the cultivation of narcotic plants are typically heard in the Magistrates’ Court and may also be heard in the County Court or Supreme Court, depending on the severity and specific circumstances of the case.
Factors and Defences to consider:
What was the quantity of narcotic plant you were charged with? This will determine the severity of the charge.
- Was the cultivation for personal or commercial use?
- Do you have any previous offences of similar nature?
- Was the substance considered a narcotic plant under the Act?
- What were your surrounding circumstances regarding the offence?
-
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
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What happens next?
After being charged with Cultivation of Narcotic Plants, 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.
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