The criminal offence of Cultivating prohibited plants is a serious indictable offence that can lead to severe consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of Cultivating prohibited plants.
If you or anyone you know have been accused or charged with the criminal offence of Cultivating prohibited plants, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF CULTIVATING PROHIBITED PLANTS?
Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) constitutes it a criminal offence for a person to cultivate, or knowingly take part in the cultivation of, a prohibited plant or a number of prohibited plants.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF CULTIVATING PROHIBITED PLANTS?
The maximum penalties applicable for the criminal offence of Cultivating prohibited plants are subject to the quantity of cultivated prohibited plants.
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DEALT WITH SUMMARILY
Section 30 of the Drug Misuse and Trafficking Act 1985 (NSW) states that where the court is satisfied on the balance of probabilities that the number or amount of the prohibited plant or prohibited drug concerned in the commission of the offence is not more than the small quantity applicable to the prohibited plant or prohibited drug and the matter is dealt with summarily, the maximum penalty is a fine of $5,500 and/or 2 years imprisonment.
Section 31 of the Drug Misuse and Trafficking Act 1985 (NSW) states that where the court is satisfied on the balance of probabilities that the number or amount of the prohibited plant or prohibited drug concerned in the commission of the offence is not more than the indictable quantity applicable to the prohibited plant or prohibited drug and the matter is dealt with summarily, the maximum penalty is a fine of $11,000 and/or 2 years imprisonment.
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DEALTH WITH ON INDICTMENT
If the matter is heard on indictment, Section 32 of the Drug Misuse and Trafficking Act 1985 (NSW) prescribes a maximum penalty of a fine of $220,000 and/or imprisonment for a term of 15 years, unless the offence relates to cannabis plant or cannabis leaf, at which point the maximum penalty is a fine of $220,000 and/or imprisonment for a term of 10 years.
Section 33 of the Drug Misuse and Trafficking Act 1985 (NSW) states that if a person is convicted of cultivating, or knowingly taking part in the cultivation of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants under Section 23(2) (a) of the Drug Misuse and Trafficking Act 1985 (NSW), the maximum penalty is a fine of $385,000 and/or imprisonment for a term of 20 years, unless the offence relates to cannabis plant or cannabis leaf, at which point the maximum penalty is a fine of $220,000 and/or imprisonment for a term of 15 years.
If the court is satisfied that the offence involved not less than the large commercial quantity of the prohibited plant or prohibited drug concerned, the maximum penalty for the offence is $550,000 and/or life imprisonment, unless the offence relates to cannabis plant or cannabis leaf, at which point the maximum penalty is a fine of $550,000 and/or imprisonment for a term of 20 years.
TAMWORTH MAN CHARGED WITH CULTIVATING CANNABIS
A Tamworth man has been charged with cultivating cannabis after Police executed a search warrant and allegedly located and seized, 54 cannabis plants, electronic equipment, large containers and bags of dried cannabis, cannabis seeds, and five firearms.
The man was refused bail and is scheduled to reappear at Tamworth Local Court on 16 July 2025.
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CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of Cultivating prohibited plants, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of Cultivating prohibited plants.