Drug Cultivation
Understanding
Drug Cultivation Offences
Drug cultivation is not limited to large-scale operations. You can be charged even for cultivating a small number of prohibited plants. The law also applies to those who assist in the process, such as by watering, harvesting, or supplying equipment or premises.
Key Points:
- The prosecution must prove that you cultivated or assisted in cultivating a prohibited plant listed under NSW law.
- Defences may include lack of knowledge, duress, or that the plant was not prohibited.
- Penalties can vary greatly depending on the number of plants and intent (personal use vs. supply).
Facing a drug cultivation charge? Contact Brightstone Defence Criminal Lawyers for strategic legal advice tailored to your case.
Drug cultivation is contained in section 23 of the Drug Misuse and Trafficking Act 1985 as cultivating or assisting to cultivate illegal plants such as cannabis, or being involved in any part of the process, planting, watering, harvesting, or even supplying the equipment or space.
You don’t have to run a large scale cultivation crop to be charged, even a few plants in a backyard or hydroponic setup can be considered cultivation under the Drug Misuse and Trafficking Act 1985.
Elements the Prosecution Must Prove
To convict someone of drug cultivation, prosecutors need to show that:
- You cultivated, or took part in cultivating, a prohibited plant
- The plant is listed as a prohibited plant under NSW law
Possible Defences
Defences that may apply in drug cultivation cases include:
- Lack of knowledge – you genuinely didn’t know the plant was there or what it was
- Duress – you were forced or threatened into helping cultivate the plant(s)
- No prohibited plant involved – the plant wasn’t illegal under NSW law
Accurate legal advice is key, because every case possesses unique facts.
Potential Penalties
The penalty depends on how many plants are involved and whether it's for personal use or supply:
- For small amounts, the maximum penalty is 12 months imprisonment
- For more larger amounts, maximum penalty for cultivating cannabis in NSW is between 15 years and life imprisonment
- You could also face asset seizure, a criminal record, and limited future travel or work options
Even a few plants can land you in serious legal trouble.
Legal Process
& Options
If charged, your matter may proceed through the Local or District Court, depending on the seriousness of the offence. The process involves police investigations, court attendance, and potential sentencing or trial.
Pleading
Not Guilty
If you decide to contest the charge, Brightstone Defence will build a customised defence strategy which may involve:
- Arguing that you were unaware of the plant’s presence or identity
- Raising defences such as duress or lack of knowledge
- Challenging the prosecution’s evidence and legal process errors
We will thoroughly assess your case, identify weaknesses in the prosecution’s case, and fight for the best possible outcome.
Pleading
Guilty
If you choose to plead guilty, your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce legal costs and overall penalties
- Demonstrate remorse, which may result in a more lenient sentence
- Improve your chances of receiving a Section 10 dismissal or Conditional Release Order (CRO), helping you avoid a criminal record
Before entering a plea, speak with one of our experienced criminal lawyers to understand your legal position and future risks.
Legally, manufacturing a prohibited drug typically refers to being included in the production. This could include, for example:
- Going to a friend’s house and helping him operate a pill press
- Buying an at-home kit and making your own MDMA at home
No, it can also include any steps that are part of the production process, such as:
- Mixing precursors
- Assembling lab equipment
- Preparing ingredients with the intent to manufacture a prohibited substance
No, even on a small scale it is illegal. It is a criminal offence under section 24(1) of the Drug Misuse and Trafficking Act 1985 (NSW) regardless of the scale or quantity.
Absolutely. Prosecutors need to prove there was intent to produce a prohibited drug. Mere possession of certain chemicals or tools without intent may not meet the legal definition of manufacturing. However, it is essential to have strong legal support to help differentiate your involvement.
Precursor substances are materials used to make prohibited drugs in NSW.
NSW law restricts unauthorised possession of certain precursors, such as pseudoephedrine, if intended for drug manufacturing.
- Supply involves evidence of distribution or the intent to distribute a prohibited drug
- Deemed supply applies when someone is found with more than the trafficable quantity
- In such cases, the law presumes intent to supply, even without direct proof
Intent to supply may be inferred from evidence such as:
- Text messages arranging deals
- Possession of sealable bags or scales
- Large amounts of unexplained cash
- Being in a known drug distribution area
Yes. Under section 29 of the Drug Misuse and Trafficking Act 1985, if you are found with more than the trafficable quantity, the law presumes intent to supply unless proven otherwise.
Yes. For small amounts (15 to 30 grams of dried cannabis), NSW Police may issue a Cannabis Caution.
The Cannabis Cautioning Scheme:
- Has been in place since 2000
- Is operated by the NSW Police Force
- Was developed after the 1999 NSW Drug Summit
Police have discretion to issue a caution, encouraging legal awareness and health support.
For more serious offences, seek legal advice immediately.
Courts consider factors such as:
- Circumstances of the offence
- Offender’s criminal history and character
- Mitigating factors (section 21A of the Crimes (Sentencing Procedure) Act 1999)
It is rare for a first-time offender to be imprisoned. Alternative sentencing may include:
- Fines
- Community release orders
- Community corrections orders
First-time offenders may avoid conviction by:
- Participating in drug court programs
- Pursuing rehabilitation
- Securing a section 10
- Submitting an apology letter
- Providing character references
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