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Cultivate Prohibited Plant

Drug Offences – NSW

Welcome to the NSW Cultivate prohibited plant article page. Everything you need to know about Cultivate prohibited plant according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Cultivate prohibited plant

According to NSW Law for the charge of Cultivate prohibited plant:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
16964 Cultivate cannabis > indictable & < commercial quantity-T1
3173 Cultivate prohibited plant
16946 Cultivate prohibited plant <= small quantity-T2
16948 Cultivate prohibited plant>indictable quantity(not cannabis)-SI
16947 Cultivate prohibited plant>small & <=indictable quantity-T1
68344 Take part cultivate cannabis > indictable
68347 Take part cultivate plant>indictable quantity(not cannabis)-SI
68348 Take part cultivate prohibited plant>small & <=indictable quantity-T1
68345 Take part cultivate prohibited plant
68346 Take part cultivate prohibited plant <= small quantity-T2
16966 Supply cannabis >indictable & < commercial quantity-T1
3174 Supply prohibited plant
16949 Supply prohibited plant <=small quantity-T2
16951 Supply prohibited plant >indictable quantity (not cannabis)-SI
16950 Supply prohibited plant >small & <=indictable quantity-T1
68349 Take part supply cannabis >indictable & < commercial quantity-T1
68353 Take part supply prohibited plant >indictable quantity (not cannabis)-SI
68351 Take part supply prohibited plant
68352 Take part supply prohibited plant <=small quantity-T2
68354 Take part supply prohibited plant>small &<=indictable quantity-T1
16968 Possess cannabis >indictable & < commercial quantity-T1
3175 Possess prohibited plant
16952 Possess prohibited plant <=small quantity-T2
16954 Possess prohibited plant >indictable quantity (not cannabis)-SI
16953 Possess prohibited plant >small & <=indictable quantity-T1
59666 Enhanced indoor cultivate cannabis for commercial purpose-SI
59661 Enhanced indoor cultivation plant for commercial purpose-SI
63589 Take part enhance indoor cultivation plant for commercial-SI
63591 Take part enhanced indoor cultivate cannabis commercial-SI
3176 Cultivate prohibited plant>= commercial quantity-SI
68322 Cultivate prohibited plant>= commercial quantity-cannabis-SI
63594 Cultivate prohibited plant>= large commercial quantity-SI
68323 Cultivate prohibited plant>=large commercial quantity-cannabis-SI
39074 Knowingly take part-cultivate >= commercial quantity prohibited plant-SI
68324 Knowingly take part-cultivate >= commercial quantity-cannabis-SI
63595 Knowingly take part-cultivate >=large commercial quantity prohibited plant-SI
68325 Knowingly take part-cultivate >=large commercial quantity-cannabis-SI
68328 Knowingly take part-supply >= commercial quantity prohibited plant-SI
68329 Knowingly take part-supply >= commercial quantity-cannabis-SI
68330 Knowingly take part-supply >= large commercial quantity prohibited plant-SI
68331 Knowingly take part-supply >= large commercial quantity-cannabis-SI
3177 Supply prohibited plant >= commercial quantity-SI
68326 Supply prohibited plant >= commercial quantity-cannabis-SI
68327 Supply prohibited plant >= large commercial quantity-cannabis-SI
63596 Supply prohibited plant >= large commercial quantity-SI
3178 Possess prohibited plant >= commercial quantity-SI
68332 Possess prohibited plant >= commercial quantity-cannabis-SI
68333 Possess prohibited plant >= large commercial quantity-cannabis-SI
63597 Possess prohibited plant >= large commercial quantity-SI

The Maximum Penalty – Cultivate prohibited plant

According to NSW Law for the charge of Cultivate prohibited plant:

The maximum penalty for the charge of cultivate prohibited plant (Section 23 of the Drugs Misuse and Trafficking Act) is a fine of 2000 penalty units and/or 10 years imprisonment.

In NSW, a court can impose any of the following penalties for an cultivate prohibited plant charge.

  • Section 10: cultivate prohibited plant proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of cultivating a prohibited drug, if heard in the Local Court is likely to be a fine of $500.

District Court

If this matter is finalised in the District Court the likely penalty is an intensive correction order for a period of 2 years.

However, the likely penalty will change depending on the quantity of the prohibited drug. The above figures are for a cultivation of an amount less than commercial quantity only.

What the Police must prove according to NSW Law for Cultivate prohibited plant

To convict you of a cultivate prohibited plant charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You cultivated, or knowingly took part in the cultivation of,
  2. a prohibited plant.

They will also need to prove that you were the person who committed the cultivate prohibited plant offence.

Possible Defences under NSW Law – Cultivate prohibited plant

Possible defences to an cultivate prohibited plant charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Cultivate prohibited plant

Where the number of prohibited plants exceeds the indictable quantity, this matter is strictly indictable which means that it can only be finalised in the District Court.

Where the number of prohibited plants does not exceed the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the number of prohibited plants does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a cultivate prohibited plant charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a cultivate prohibited plant charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a cultivate prohibited plant charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a cultivate prohibited plant charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a cultivate prohibited plant charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a cultivate prohibited plant charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a cultivate prohibited plant charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a cultivate prohibited plant charge: This is the most serious penalty for the charge of cultivate prohibited plant and involves full time detention in a correctional facility.

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