Our expert criminal lawyers for possession of a cultivating prohibited plants offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Cultivating Prohibited Plants
Cultivating prohibited plants is a serious criminal offence for which you need an expert drug lawyer.
We get the best result whether you’re charged with having a few plants in the backyard or a dozen drug houses with hydroponics. We beat charges by attacking informant witnesses and police putting forward weak evidence.
We challenge phone taps and text messages when the police falsely claim they contain codes. We put you as far away from the property where the drugs are found as possible.
If you intend to plead guilty to a cultivation charge, depending on the seriousness, we have cultivation offences dismissed without convictions, and without our clients being sentenced to prison. Read more about having no conviction recorded for cultivating prohibited plants.
What is a deemed supply of Prohibited Plants?
The Drugs (Misuse and Trafficking) Act 1985 contains what is known as a deeming provision. What this means is that if there are more than 50 plants, the plants will be deemed to be for supply even if there is no other evidence of the drugs being for supply.
The logic behind this provision is that a person is unlikely to have large quantities of drugs solely for personal use. Where the amount of the drug is not less than 50 plants, you will have to prove on the balance of probabilities that you had the drug other than for supply.
The number of plants in the cultivated prohibited plant cases is vital. The number of plants determines the maximum penalty, whether the deeming provision applies, and whether the case is heard in the Local or District Court.
Pleading not guiltyÂ
You will be found not guilty of the offence of cultivate prohibited plant if the police cannot prove beyond a reasonable doubt that you:
- Cultivated, or knowingly took part in the cultivation of a prohibited plant; or
- Supplied or knowingly took part in the supply of a prohibited plant; or
- Have a prohibited plant in your possession; and
- The number of plants (if applicable).
Cultivate includes sowing or scattering seed, planting, growing, tending, nurturing, or harvesting.
Supply includes selling and distributing, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts.
You can read more information about pleading not guilty here.
Pleading guiltyÂ
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty, as you will normally receive a discount on sentence, as it will demonstrate remorse and contrition.
Our experienced solicitors can negotiate with prosecutors to have you plead guilty to less serious facts or to a less serious charge.
The maximum penalties for the offence of cultivating prohibited plants depend on the number of plants and range from two years to 20 years imprisonment. Where the number of plants is less than a commercial quantity, the offence may be dealt with in the Local Court, and the maximum penalty will be two years imprisonment and/or a fine.
Read about all the sentencing options that a court has, including having no conviction recorded.
You can read more about pleading guilty here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat a cultivating prohibited plants charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.