Cultivate Prohibited Plant | Drug Lawyers

Your Defence Lawyer for Drug Cultivation Charges

When faced with drug cultivation charges, having the appropriate legal representation is imperative. At Faraj Defence Lawyers, our track record speaks for itself. Having successfully defended countless clients against these serious allegations, our team of drug-law specialists know the complexities of this offence.

Remember, every moment counts. Seeking immediate assistance can drastically influence the outcome of your case, so don't leave your future to chance. All over New South Wales, we’ve proven time and time again that with the right defence, a positive outcome is always within reach.

Why Choose Faraj Defence Lawyers

Choosing the right legal representation can make all the difference when facing drug cultivation charges. Faraj Defence Lawyers stands out as the optimal choice for defendants seeking expert guidance and unwavering support.

What Is the Offence of Cultivating a Prohibited Drug?

In NSW, cultivating a prohibited plant refers to the illegal act of growing or nurturing an illegal plant. Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) makes this an offence. This includes;

A person who:

• Cultivates, or knowingly takes part in the cultivation of, a prohibited plant,

• Supplies, or knowingly takes part in the supply of, a prohibited plant, or

• Has a prohibited plant in his or her possession

This also includes being caught cultivating by:

• Enhanced indoor means

• Cultivating for commercial purpose

What is a prohibited plant?

Section 3 of the Drug Misuse and Trafficking Act 1985 (NSW) defines a ‘Prohibited Plant’ as;

• A cannabis plant cultivated by enhanced indoor means or,

• A cannabis plant cultivated by any other means, or

• Any growing plant of the genus Erythroxylon or of the species Papaver Somniferum, Papaver orientale or Papaver bracteatum

What does cultivation mean?

Cultivation isn't just limited to the act of planting or growing, it spans a range of activities. Section 3 of the Drug Misuse and Trafficking Act 1985 (NSW) defines to ‘cultivate’ as

• To sow or scatter the seed produced by the prohibited plant, and

• Plant, grow, tend, nurture or harvest the prohibited plant.

For instance, even simply watering a prohibited plant can fall under the definition of ‘cultivating’ and you can therefore, be charged with an offence.

What Are My Options If Caught Cultivating a Prohibited Plant?

If you have been charged with the offence of cultivating a prohibited plant, you can choose to plead guilty and formally admit to the charges put against you, or you can choose to plead not guilty and fight the charge.
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Before choosing a path it is important to consult with a knowledgeable lawyer, the complexities involved in drug-related laws often require expert legal interpretation and guidance.
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Our Sydney Specialist Drug Lawyers can provide clarity on the implications of the charges, the strength of the evidence against you, and the potential outcomes for each plea.

Pleading Not Guilty

If you choose to plead not guilty to the offence of cultivating a prohibited plant, your case will be scheduled for a jury trial in a District Court or a defended hearing in the Local Court, depending on the quantity as in some instances, low quantity offences can be dealt with in the Local Court.
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Before the date of the trial or hearing, the prosecution must provide to your lawyer all evidence they intend to rely on against you, as they bear the onus of proving the offences beyond a reasonable doubt and the defendant is not required to prove that they’re innocent.
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This will allow for your lawyer to check the facts and challenge the proof provided. After this both the prosecution and defence will present their findings, in which case the court will decide on a verdict of either guilty or not guilty.
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Should the court rule a not guilty verdict, the cultivation charge will be dropped and you will be formally cleared. The onus falls upon the prosecution to prove your guilt beyond reasonable doubt, this means to be convicted of cultivating a prohibited plant the prosecution must prove:

• That you were involved in the cultivation, supply or possession of a prohibited plant or knowing participated in such activities, and

• The amount/quantity aligns with the specified ranges you're charged with, such as small, indictable or commercial quantities etc.

Pleading Guilty

Choosing to plead guilty to the offence of cultivating a prohibited plant means you're formally admitting to the charges.
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This decision accelerates the court process and directly proceeds to sentencing, bypassing a lengthy trial. When pleading guilty, it's essential to recognise the consequences, which can range based on the specifics of your case.
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If you choose to plead guilty this does not mean your case is over, an experienced lawyer can negotiate for reduced penalties, amended facts or provide compelling mitigating factors to the judge such as good character letters, letter of apology and/or psychologist report in order to possibly drop charges.
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A specialist lawyer can advocate for you to receive a Section 10 Dismissal or a Conditional Release Order without conviction, which both result in exiting the courtroom with no criminal record.

What Are the Maximum Penalties for Cultivation of Prohibited Plants?

The penalties for cultivating prohibited plants can vary significantly based on specific details of each case. The maximum penalty relies on several key factors:

• Number of Plants: The more plants involved, the steeper the potential penalty.

• Enhanced Indoor Cultivation: Using advanced methods indoors can lead to higher penalties.

• Commercial Intent with Enhanced Indoor Means: Cultivating plants indoors with the intention to sell or distribute can further escalate the penalties.

• Presence of a Child: Cultivating prohibited plants in the presence of a child can add further gravity to the offence, leading to even stricter penalties.

Given the variable nature of these factors, it's essential to understand the specifics of one's charge and seek expert legal advice to help understand and predict potential penalties.

Penalties of Cultivating Prohibited Plants by Quantity and Court