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s72B Cultivation of Narcotic Plants

Have you been charged with Cultivation of Narcotic Plants?

If so, there are some issues to consider.

Can the prosecution make out their case? Did you cultivate a narcotic plant? Did you know the plant was a narcotic plant? Was any alleged cultivation in relation to trafficking?

Pleading guilty to the Cultivation of Narcotic Plants may have extremely serious consequences. It is vital to your case that you seek professional legal assistance as quickly as possible.

Please read below for more information in relation to this charge.

The offence

Section 72B of the Drugs, Poisons and Controlled Substances Act 1981.

The prosecution must prove:

  1. The defendant cultivated a narcotic plant without authorisation;

  1. The defendant did so for any purpose related to trafficking in that plant;

  1. Or the defendant did so for any other purpose that is not related to trafficking in that plant.

The maximum penalty

For cultivation of a narcotic plant not related to trafficking – Level 8 imprisonment being a term of 1 year, or a penalty of no more than 20 penalty units, or both.

For cultivation in a narcotic plant for any other purpose, including trafficking in that plant – level 4 imprisonment being a term of 15 years.

Where will my case be heard?

Cultivation of Narcotic Plants is nearly always heard in the Magistrates’ Court, although it can also be heard in the County or Supreme Courts, depending on the circumstances of the charge.

What to do next?

Cultivation of Narcotic Plants is an indictable offence. Depending on the kind of representation you receive, the defences you may be able to use, and the nature of the cultivation of the narcotic the prosecution is contending, you may be facing a lengthy prison sentence if convicted. You should contact an experienced criminal lawyer urgently to discuss your legal options.

The legislation

S72B Cultivation of Narcotic Plants

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable offence and liable—

(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or

(b) in any other case, to level 4 imprisonment (15 years maximum).

Drug Charges

Drugs, Poisons and Controlled Substances Act 1981

Ice Offence – Drug Charges – Ice Epidemic Victoria

s36B Unauthorised Possession etc. of Poison or Controlled Substance etc.

s56 Manufacture of Heroin etc.

s71 Trafficking in a Drug or Drugs of Dependence – Large Commercial Quantity

s71A Possession of Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence

s71AA Trafficking in a Drug or Drugs of Dependence – Commercial Quantity

s71AB Trafficking in a Drug of Dependence to a Child

s71AC Trafficking in a Drug of Dependence

s71B Supply of Drug of Dependence to a Child

s71C Possession of Tablet Press

s71D Possession of Precursor Chemicals

s72 Cultivation of Narcotic Plants – Large Commercial Quantity

s72A Cultivation of Narcotic Plants – Commercial Quantity

s72B Cultivation of Narcotic Plants

s73 Possession of a Drug of Dependence

s74 Introduction of a Drug of Dependence into the Body of Another Person

s75 Use of Drug of Dependence

s78 Obtaining Drugs of Dependence etc. by False Representation

Case Studies

CCO Result for Drug Trafficking Victoria

Conduct Endangering Life

Cultivate Cannabis Charges

Diversion Application

Drink & Drug Driving Charges

Drug Court Dandenong Charges

Drug Trafficking Charges Dandenong

Drug Trafficking Charges Geelong

Drug Trafficking for Profit Appeal

Drugs – Marketable Quantity of Heroin

Geelong Drug Trafficking Case Study

Trafficking Cannabis

Trafficking Drug of Dependence Ecstasy

Trafficking Methamphetamine

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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