Charges
Cultivate prohibited plant
Drug Misuse and Trafficking Act 1985 (NSW) s 23, with penalties in ss 30 to 33AD
What is the maximum penalty for cultivate prohibited plant in NSW?
Maximum penalty. Set by quantity and plant type. s 23(1), less than a commercial quantity, on indictment: 10 years and/or 2,000 penalty units for cannabis plant or cannabis leaf, otherwise 15 years and/or 2,000 penalty units. s 23(2), not less than a commercial quantity: 15 years and/or 3,500 penalty units for cannabis plant or leaf, otherwise 20 years and/or 3,500 penalty units. Not less than a large commercial quantity: 20 years and/or 5,000 penalty units for cannabis plant or leaf, otherwise life imprisonment and/or 5,000 penalty units, with a standard non-parole period of 10 years for offences on or after 1 January 2008. Local Court caps for s 23(1): 50 penalty units and/or 2 years for not more than a small quantity, and 100 penalty units and/or 2 years for not more than the indictable quantity.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
Cultivating a prohibited plant means sowing, scattering seed, planting, growing, tending, nurturing or harvesting it. The penalty depends on the number of plants relative to the small, indictable, commercial and large commercial quantity thresholds in Schedule 1 of the Act, and on whether the plant is cannabis. Cultivating indoors using artificial light, heating or nutrient solution can be charged as cultivation by enhanced indoor means, for which the commercial quantity thresholds are lower.
How it is dealt with
Per the Judicial Commission Local Court Bench Book: s 23(1) is Table 2 for not more than a small quantity, and Table 1 for not more than the indictable quantity.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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