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Section 3 DMTA defines Cannabis Cultivation as follows:
“cultivate”, in relation to a prohibited plant, includes;
(a) sow or scatter the seed produced by the prohibited plant; and
(b) plant, grow, tend, nurture or harvest the prohibited plant.
means cultivation of the plant;
(a) that occurs inside a building or structure; and
(b) that involves any one or more of the following;
(i) the nurture of the plant in nutrient-enriched water (with or without mechanical support);
(ii) the application of an artificial source of light or heat; and
(iii) suspending the plant’s roots and spraying them with nutrient solution.
Yes, section 23 of DMTA allowed police to charge people with cultivation as follows:
“Offences with respect to prohibited plants
(1) A person who–
(a) cultivates, or knowingly takes part in the cultivation of, a prohibited plant,
(b) supplies, or knowingly takes part in the supply of, a prohibited plant, or
(c) has a prohibited plant in his or her possession is guilty of an offence.
(1A) A person who–
(a) cultivates by enhanced indoor means, or knowingly takes part in the cultivation by enhanced indoor means of, a number of prohibited plants which is–
(i) not less than the small quantity applicable to the prohibited plants, and
(ii) less than the commercial quantity applicable to those prohibited plants, and
(b) cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose, is guilty of an offence”.
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Yes, you will still be charged. However the difference from personal use or cultivating for a profit is that a finding of fact at sentence that the cultivation was for personal use rather than for profit generally reduces the objective seriousness of the offence: R v Seman (unrep, 12/5/92, NSWCCA).
The cultivation, supply or possession of prohibited plants is an offence under section 23(1) DMTA which carries a penalty (on indictment) of 10 years imprisonment and/or 2,000 penalty units where the offence involves less than a commercial quantity and relates to cannabis plant/leaf.
The cultivation, supply or possession of not less than the commercial quantity is an offence under s 23(2) DMTA which carries a penalty of 15 years imprisonment and/or 3,500 penalty units where the offence relates to cannabis plant/leaf. Where not less than a “large commercial quantity” is involved the penalty is 20 years imprisonment and/or 5,000 penalty units where the offence relates to cannabis plant/leaf.
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