Cultivate Cannabis Charge Information

Cultivate Cannabis
[Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW)]

Maximum penalty: 20 years imprisonment depending on the number of cannabis plants cultivated.

Offence: When a person cultivates or knowingly takes actions in cultivating cannabis.
Cultivating includes the sowing or scattering of cannabis seeds, as well as plant, grow, tend or nurture such plants.
To knowingly take part in this one has to participate in any step of cultivation, arrangement of finances for cultivation or provide premises on which a step of process is undertaken.

Defence: It is deemed a defence if the person involved did not know or have any suspicion (or expect) that the plant was in fact a prohibited plant.

Sentences: The sentence/penalty is dependent upon the amount of plants cultivated.
A small quantity (5 plants):  10 years imprisonment
More than a small quantity (5 plants) but less than an indictable quantity (50 plants): 10 years imprisonment.
More than an indictable quantity (50 plants) but less than a commercial quantity (250 plants): 10 years imprisonment.
More than a commercial quantity (250 plants) but less than a large commercial quantity (1000 plants): 15 years imprisonment.
More than a large commercial quantity (1000 plants): 20 years imprisonment.
Considerations include plea of guilty, the entering of drug rehabilitation, criminal record, and other such conditions.