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If you are charged with cultivate prohibited plant, our senior drug lawyers can help you fight these charges. We understand these charges can affect your employment prospects as well as your ability to travel overseas.
Contact us now to speak to a specialist drug lawyer about your case. We have years of experience in assisting our clients avoid jail as well as criminal convictions.
What is Cultivate prohibited plant?
Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) sets out that if you engaged in any part of cultivating a prohibited plant (including providing financial assistance), you can be guilty of an offence.
You can also be found guilty of knowingly taking part in cultivation of a prohibited plant.
The most common plant people are charged with is cannabis.
How do you beat a Cultivate prohibited plant charge?
You can fight a cultivate prohibited plant charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:
If any of these elements are not made out, then you can be found ‘not guilty’.
Secondly, you can rely on one of the defences.
What does ‘cultivate’ mean?
Cultivate is defined in the Drug Misuse and Trafficking Act 1985 (NSW) as:
If charged for cultivating prohibited plants, it would be advisable to plead not guilty if it appears the police are unable to prove any one of the elements of the offence.
You can still be guilty even if you were found cultivating cannabis on someone else’s property.
What are the Defences to Cultivate Prohibited Plant?
If any one of the following defences to cultivate prohibited plant apply to you, you can be found ‘not guilty’:
Our team of specialist drug lawyers are adept at breaking down prosecution cases and finding defences. We leave no stone unturned in providing you with the best advice possible.
Contact us now for an initial consultation with our team.
You should speak to an expert drug lawyer for cultivate prohibited plant charges before making a decision to plead guilty. Please see our guide on pleading guilty to drug offences which provides general guidance.
Contact us now to speak to an accredited specialist in criminal law who can provide advice specific to your case.
What are the penalties for Cultivating prohibited plant?
The below table sets out the maximum penalties.
| Quantity | Local Court | District Court |
| 5 or less plants | $5,500 fine and/or 2 years jail | $220,000 fine and/or 10 years jail |
| 5 – 50 plants | $11,000 fine and/or 2 years jail | $220,000 fine and/or 10 years jail |
| 50 – 250 plants | $11,000 fine and/or 2 years jail | $220,000 fine and/or 10 years jail |
| 250 – 1000 plants | N/A | $385,000 fine and/or 15 years jail |
| 1000 plants or more | N/A | $550,000 fine and/or 20 years jail |
There is a standard non parole period (SNPP) of 10 years imprisonment if you are found guilty of cultivating 1000 plants or more.
The SNPP is the starting point for the period of time you must spend in jail. This is not mandatory but more of a guide.
What are the Possible Sentences for Cultivate Prohibited plant?
Below is a list of options open to a Judge or Magistrate when sentencing for cultivate prohibited plant charges:
Offences of this nature almost exclusively result in a term of imprisonment. This is borne out in the sentencing statistics set out below.
Will you go to jail for Cultivate Prohibited plant?
Statistics for the last 5 years reveal that the ultimate sentence you receive is largely dependent on the quantity of prohibited plant you are found guilty of cultivating. For small quantities, almost 25% of people revived no conviction for cultivate prohibited plant. The remaining offenders all received convictions but only 3% of persons were sentenced to some form of prison.
By contrast, of those who were found guilty of cultivating an indictable quantity, almost 45% of people were sentenced to some form of imprisonment. 11% of offenders were sentenced to full-time jail. All other offenders received criminal convictions.
As you can see, there is a wide disparity between the types of sentences you can receive. Speak to one of Australia’s best lawyers for cultivate prohibited plant charges.
