Page updated on: Friday April 23, 2010
Sandra has seven cannabis plants in her garden for her own use. After they fall out because of a fence dispute, her neighbour calls the Police who discover the plants.
Offence:
Cultivation of prohibited plants – section 9 of the Misuse of Drugs Act 1975
It is an offence to cultivate a prohibited plant (which includes cannabis) without a licence.
Penalty:
There is a maximum penalty of 7 years imprisonment if the charge is dealt with indictably. If the Police choose to lay it summarily (or you have the option to choose summary jurisdiction), the maximum penalty is 2 years imprisonment and/or a $2000 fine.
Likely sentence:
Sandra is likely to receive a fine of around $150 and court costs of $130.
Special notes:
It is a mitigating factor that Sandra was only growing the plants for her own use – she did not intend to sell the cannabis.
There is a ‘presumption’ that cannabis plant weighing over 28 grams is possessed for supply, which is a serious offence. The onus is on the defendant to prove that it was for their personal use only.