A person who, without being authorized by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act 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).
S. 72C inserted by No. 61/2001 s. 6, amended by No. 2/2016 s. 11.