CONTROLLED SUBSTANCES ACT 1984 - SECT 33B

CONTROLLED SUBSTANCES ACT 1984 - SECT 33B

33B—Cultivation of controlled plants for sale

        (1)         A person who cultivates a large commercial quantity of a controlled plant intending to sell any of them or their products or believing that another person intends to sell any of them or their products is guilty of an offence.

Maximum penalty: $1 000 000 or imprisonment for life, or both.

        (2)         A person who cultivates a commercial quantity of a controlled plant intending to sell any of them or their products or believing that another person intends to sell any of them or their products is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—

                  (i)         if the offender is a serious drug offender—$500 000 or imprisonment for life, or both; or

                  (ii)         in any other case—$200 000 or imprisonment for 25 years, or both;

            (b)         for an aggravated offence—$500 000 or imprisonment for life, or both.

        (3)         A person who cultivates a controlled plant intending to sell it or any of its products or believing that another person intends to sell it or any of its products is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—

                  (i)         if the offender is a serious drug offender—$75 000 or imprisonment for 15 years, or both; or

                  (ii)         in any other case—$50 000 or imprisonment for 10 years, or both;

            (b)         for an aggravated offence—$75 000 or imprisonment for 15 years, or both.

        (4)         An offence against subsection (3) involving a cannabis plant (and not involving any other controlled plant) must be prosecuted, and dealt with by the Magistrates Court, as a summary offence but if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 5 years, the Court must commit the person to the District Court for sentence.

        (5)         If, in any proceedings for an offence against subsection (1), (2) or (3), it is proved that the defendant cultivated a trafficable quantity of a controlled plant, it is presumed, in the absence of proof to the contrary, that the defendant had the relevant intention or belief concerning the sale of the plants or their products necessary to constitute the offence.