Cultivation of Narcotic Plants -  Commercial Quantity

A charge of cultivation of narcotic plants - commercial quality contains the following elements to be proven to be successful:

1. The accused cultivated a plant of a specified type;

2. The plant was a narcotic plant as defined under the Drugs, Poisons and Controlled Substances Act 1981 (Vic);

3. The quantity cultivated exceeded the trafficable quantity threshold; and

4. The accused knew or ought to have known the plant was a narcotic plant.

Commercial quantity cultivation charges are typically heard in the County Court due to their serious nature.

Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.

Sentencing for commercial quantity cultivation is significantly more severe than simple cultivation, with courts considering the sophistication of the operation, scale of production, and any evidence of supply.