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, 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.
Charged with cultivating a prohibited plant? Call us now
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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 by enhanced indoor means for commercial purposes 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.
Cultivating a prohibited plant
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| QUANTITY | LOCAL COURT | DISTRICT COURT |
|---|---|---|
| Small | 2 years imprisonment and/or $5,500 fine | 10 years imprisonment and/or $220,000 fine |
| Indictable | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment and/or $220,000 fine |
| Large | Cannot be dealt with in Local Court | 15 years imprisonment and/or $385,000 fine |
| Large Commercial | Cannot be dealt with in Local Court | 20 years imprisonment and/or $550,000 fine |
What is a prohibited plant?
This offence involves using advanced, controlled indoor environments to grow prohibited plants, often resulting in optimised plant growth and quantity. Penalties vary, with the Local Court handling cases up to 50 plants and the District Court addressing more substantial cases, often involving over 200 plants and potentially leading to long-term imprisonment.
Cultivating a prohibited plant by enhanced indoor means for commercial purpose
Cultivating with commercial intent signifies growing prohibited plants with the aim of distribution or sale, typically at a larger scale. This act involves not just growth, but also the ambition to profit from the yield. Defences can range from arguing lack of knowledge about the plant's prohibited nature, disproving commercial intent, to challenging the evidence of enhanced indoor cultivation
Cultivating a prohibited plant by Enhanced Indoor means in presence of Children
| QUANTITY | LOCAL COURT | DISTRICT COURT |
|---|---|---|
| Small | 2 years imprisonment and/or fine of $5,500 | 12 years imprisonment and/or fine of $264,000 |
| Indictable | 12 years imprisonment and/or fine of $11,000 | 12 years imprisonment and/or fine of $64,000 |
| Large | Cannot be dealt with in Local Court | 18 years imprisonment and/or fine of $462,000 |
| Large Commercial | Cannot be dealt with in Local Court | 24 years imprisonment and/or fine of $660,000 |
Cultivating a prohibited plant by enhanced indoor means for commerical purpose in presence of children
| QUANTITY | LOCAL COURT | DISTRICT COURT |
|---|---|---|
| Small | Cannot be dealt with in Local Court | 18 years imprisonment and/or fine of $462,000 |
| Indictable | Cannot be dealt with in Local Court | 18 years imprisonment and/or fine of $462,000 |
| Large | Cannot be dealt with in Local Court | 18 years imprisonment and/or fine of $462,000 |
| Large Commercial | Cannot be dealt with in Local Court | 24 years imprisonment and/or fine of $660,000 |
What are the possible Defence for Cultivating a Prohibited Plan?
Facing charges for cultivating a prohibited plant can be daunting, but there are possible defences that can be raised in one's favour.
Some potential defences include but aren't limited to:
Having a valid licence or authorisation to cultivate the plant, emphasising lawful purpose
Duress, suggesting the accused was forced or coerced into cultivating
Lack of knowledge, asserting that the individual was unaware the plant was prohibited
It is important to note that if the prosecution fails to disprove these defences or the defence raised on your behalf beyond a reasonable doubt, the accused must be acquitted.
By having a skilled drug lawyer in your corner that can effectively leverage you, using a carefully thought out and actioned defence, you will be able to challenge the charges and ultimately walk out free.
What must the prosecution prove?
For an individual to be found guilty of cultivating a prohibited plant, there are specific elements the prosecution must convincingly establish.
Foremost, they need to demonstrate that the defendant either cultivated the plant or knowingly participated in its cultivation. This implies an intentional act, rather than accidental or incidental involvement.
To be charged with the following cultivation offences, the prosecution must prove to a standard of beyond reasonable doubt the elements below:
Section 23(1): To convict under this section, the prosecution must demonstrate:
Your active role in cultivating, supplying, or possessing a prohibited plant.
The plant quantity aligns with the charge
Section 23(1A): For a guilty verdict here, it must be shown:
You cultivated or assisted in cultivating a prohibited plant.
This was done using enhanced indoor methods.
The intent was commercial.
The quantity matches the specified charge level
Section 23A: To prove guilt under this, the prosecution must establish:
Your involvement in cultivating a prohibited plant using enhanced indoor means.
A child was exposed either to the cultivation or related stored substances.
The plant quantity corresponds to the charge, with added emphasis if cultivation was for commercial purposes within smaller quantity ranges
How can Faraj Defence Lawyers help with Drug Cultivation?
Facing drug cultivation charges can be overwhelming, but with Faraj Defence Lawyers by your side, you can rest assured.
With extensive experience handling drug cultivation cases all over New South Wales, our team have become experts at meticulously reviewing prosecution material to pinpoint any inconsistencies or weak points.
Our expertise lies in formulating robust defence strategies tailored to each client's unique situation. Additionally, our highly skilled lawyers work diligently to secure non-conviction penalties, drop charges and receive acquittals.
At Faraj Defence Lawyers we're not just seasoned in the field of drug-law - we excel in it. Your defence is our priority. Seek expert legal advice and book your free initial consultation today.
Book your free consultation by calling us at (02) 8896 6034 or emailing us at af@farajdefencelawyers.com.au.
