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Cultivation and sentencing

Information about sentencing for cultivation.

If a court is satisfied on the balance of probabilities that the offence of cultivation was not related to trafficking, the maximum penalty is a fine of not more than 20 penalty units or 1 year jail or both. A magistrate also has the option of a bond.

See ss. 72B, 76—Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window).

If the offence was related to trafficking, the maximum penalty is 15 years imprisonment or a fine of not more the 1800 penalty units.

See s. 72B(b)—Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window).

Commercial quantity

The cultivation of a commercial quantity has a maximum penalty of 25 years imprisonment and a fine of up to 3000 penalty units.

See s. 72A—Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window).

Large commercial quantity

The cultivation of a large commercial quantity has a maximum penalty of life imprisonment and a fine of up to 5000 penalty units.

See s. 72—Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window).

More information

Legislation

Drugs, Poisons and Controlled Substances Act 1981 (Vic)

  • s. 72—cultivation of narcotic plants—large commercial quantity
  • s. 72A—cultivation of narcotic plants—commercial quantity
  • s. 72B—cultivation of narcotic plants
  • s. 76—adjourned bonds in particular cases

See Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window).

Updated