02 9159 9010
Charged with Cultivating a Prohibited Plant?
Cultivating prohibited plants and manufacturing prohibited drugs are serious indictable offences under sections 23 and 24 of the Drug Misuse and Trafficking Act 1985 (NSW). These offences carry substantial penalties, including up to 20 years’ imprisonment for manufacturing a commercial quantity of a prohibited drug.
If you have been charged with cultivation or manufacture, contact Blackridge Law immediately on 02 9159 9010.
Cultivation of Prohibited Plants (s 23)
Under section 23, it is an offence to cultivate, supply, or possess a prohibited plant. The most common charge under this section relates to cannabis cultivation (grow houses). “Cultivation” includes planting, growing, tending, or harvesting a prohibited plant.
Penalties for Cultivation
| Quantity | Max Penalty (Cannabis) | Max Penalty (Other) |
|---|---|---|
| Less than commercial qty | 10 years / $220,000 | 15 years / $220,000 |
| Commercial quantity | 15 years / $385,000 | 20 years / $385,000 |
| Large commercial quantity | 20 years / $550,000 | Life / $550,000 |
| Enhanced indoor cultivation | s 23A — increased penalties | s 23A — increased penalties |
Manufacture of Prohibited Drugs (s 24)
Under section 24, it is an offence to manufacture or produce a prohibited drug, or to knowingly take part in the manufacture or production of a prohibited drug. “Manufacture” includes any step in the production process, including possession of precursor chemicals and equipment under sections 24A and 24B.
The maximum penalty for manufacturing a commercial quantity of a prohibited drug (other than cannabis) is 20 years’ imprisonment and/or a fine of $385,000. For large commercial quantities, the penalty is life imprisonment and/or $550,000.
Defences
- No Knowledge: You did not know that the plants or substances were prohibited
- No Cultivation/Manufacture: You did not cultivate, manufacture, or knowingly take part in the process
- Unlawful Search: The evidence was obtained through an unlawful search warrant or police entry
- Duress: You were forced or threatened into participating
- Identification: You were not the person responsible for the cultivation or manufacture
How Blackridge Law Can Help
Cultivation and manufacture charges often involve complex evidence including search warrants, forensic analysis, expert evidence on cultivation methods, and telecommunications evidence. Our lawyers have experience challenging search warrant validity, contesting forensic conclusions, and negotiating with prosecution to reduce charges and penalties.
Speak with a lawyer
Charged with drug cultivation or manufacture? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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