Cultivating Cannabis and the Law (NSW)
Cultivating Cannabis and the Law (NSW)
In 2006, the federal government legalised the cultivation of cannabis with a licence for medicinal purposes. It is now legal to grow marijuana in Australia when you are licenced to do so and under strict controls. However, cultivating cannabis without a licence remains a serious offence in all states and territories. In New South Wales, cannabis offences are governed by the Drug Misuse and Trafficking Act.
Medicinal cannabis NSW
Federal licencing scheme
The Narcotic Drugs Act 1967 was amended in 2016 to contain a provision allowing a person to apply for a medicinal cannabis licence (Section 8E). Once a licence has been obtained, the holder is permitted to obtain, produce and cultivate cannabis plants or cannabis resin for medical purposes. The cannabis must be grown and stored under strict controls. The license holder must have a suitable location, facilities and a proposed security arrangement for the operation to take place. To be granted a licence, an applicant must show that they are a fit and proper person, must not have been found guilty of a serious offence in the last 10 years and must show that they will ensure the physical security of the drug.
A range of medical conditions, including epilepsy, MS, HIV and chronic pain, can be treated with medicinal products made from cannabis plant.
Patients wishing to be prescribed cannabis products must obtain a prescription from a doctor who is authorised to prescribe the product. Doctors can apply to the NSW Health Department for this authority.
Medicinal Cannabis Compassionate Use Scheme
The New South Wales government has established the Medicinal Cannabis Compassionate Use Scheme, which provides guidelines for the police to use their discretion not to lay charges against persons with terminal illness or their carers for possession of cannabis. The scheme does not provide or endorse the use of cannabis that is not lawfully prescribed.
A person who is over 18 and has a terminal illness can register for the scheme with verification by a medical practitioner that they have a terminal illness as defined under the scheme. They may nominate up to three persons as carers.
The offence of cultivating cannabis
When a person grows cannabis otherwise than under the federal licensing scheme, he or she commits an offence. In New South Wales it is an offence to cultivate, supply or knowingly take part in the cultivation or supply of a prohibited plant (Section 23, Drug Misuse and Trafficking Act).
‘Cultivate’ is defined in the Act as including sowing or scattering cannabis seeds and planting, growing, tending or nurturing plants.
The maximum penalty for cultivating cannabis is between 10 and 20 years imprisonment, depending on the quantity cultivated. Charges of cultivating cannabis where the number of plants is less than 250 can be dealt with in the Local Court, where the maximum penalty that can be imposed for a single offence is two years imprisonment. The maximum penalties that can be imposed by higher courts are set out below.
| Number of plants or quantity of cannabis | Offence | Penalty |
|---|---|---|
| Any number or quantity | Cultivating narcotic plant | Maximum 20 penalty units or 12 months imprisonment if court is satisfied the plants were not intended for trafficking purposes In all other case maximum 15 years imprisonment |
| More than 100 plants or 25 kilograms | Cultivating commercial quantity narcotic plant | Maximum 25 years imprisonment |
| More than 1000 plants or 250 kilgrams | Cultivating large commercial quantity narcotic plant | Maximum life imprisonment |
It is a defence to a charge of cultivating a prohibited plant if the accused did not know or suspect and could not reasonably be expected to have known or suspected that the plant was a prohibited plant.
Cultivation by enhanced indoor means
In New South Wales, there is a separate offence comprised of cultivating cannabis for commercial purposes using enhanced indoor means (such as a hydroponic system). For cultivating cannabis in this way, a person faces a maximum penalty of 15 years imprisonment if there were more than five plants cultivated. However, prosecution must prove that the plants were being grown for commercial purposes.
If you require legal advice or representation please contact Go to Court Lawyers.
Related Content
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Sentencing Options for Sex Offenders (NSW)
Sentencing Options for Sex Offenders (NSW) During the early 2000s, community concerns about the long-term psychological effects of sexual offences and particularly child sexual abuse led to some significant changes in legislative schemes and the way sex offenders are sentenced. Since 2001 there have been at least nine amendments to ....
Posted in:
Offences
Sentencing
Offences Relating to Protests (NSW)
Offences Relating to Protests (NSW) The right to freedom of political expression, including peaceful protests, is protected under the Australian constitution. A person cannot be charged with taking part in a political protest. However, there are a number of offences that can arise out of participation in protests if certain ....
Posted in:
Offences
LGBTIQ Rights and the Law (NSW)
Under New South Wales law, LGBTIQ people enjoy most of the same rights as other citizens. While consensual male homosexual sex was a criminal offence until 1984 in New South Wales, there have been steady advances in removing discriminatory laws and promoting LGBTIQ rights in recent years. Same-sex couples can now marry ....
Posted in:
Offences
Dogs and Cats and the Law (NSW)
Dogs and Cats and the Law (NSW) The Companion Animals Act sets out the responsibilities of owners and of councils in respect of domestic dogs and cats and provides for what steps can be taken by councils and courts if dogs and cats are not adequately controlled. The Crimes Act ....
Posted in:
Offences
Common Assault in New South Wales (NSW)
In New South Wales, there are a range of assault offences including common assault, assault occasioning actual bodily harm, assault on police officers and assault with intent to commit a serious indictable offence. This page deals with common assault in New South Wales. Legislation governing common assault in NSW Common ....
Posted in:
Offences
Sexual Touching in New South Wales
The Crimes Act 1900 contains sexual offences that apply in New South Wales such as sexual assault, sexual touching and sexual acts. Sexual touching is a relatively new offence. It used to be called ‘indecent assault’. This page deals with the offence of sexual touching, the penalties it attracts, and ....
Posted in:
Offences
Escape Lawful Custody Offences (NSW)
Escaping from custody is different to resisting arrest. A person resists arrest when they fail to co-operate with police who are attempting to arrest them. A person escapes from lawful custody if they break free of the control of police or other officials after they have already been effectively placed ....
Posted in:
Offences
Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Section 327 of the Crimes Act and carries a maximum penalty of ....
Posted in:
Offences
Assault Police (NSW) In New South Wales, the Crimes Act 1900 contains offences involving assaults on police officers and other offences against police such as hindering police and obstructing police. These offences all carry a maximum penalty of imprisonment. This page deals with assault police offences in New South Wales. ....
Posted in:
Offences
Property Damage (NSW) In New South Wales, there are a number of offences relating to destroying or damaging property contained in the Crimes Act 1900. The Summary Offences Act 1988 also contains offences relating to two specific types of property damage. These offences range from very minor matters that will ....
Posted in:
Offences
Sexual Assault in New South Wales
In New South Wales, there is a range of sexual offences contained in the Crimes Act 1900. These include sexual assault, sexual touching and assault with intent to have sexual intercourse. This page explains how sexual assault in New South Wales is defined, the penalties it attracts and the court ....
Posted in:
Offences
Indictable offences are serious offences that carry significant penalties and are heard in the Supreme Court or the District Court. Offences that are not indictable offences are known as summary offences and are dealt with in the Magistrates Court. Indictable offences in New South Wales are governed by the Crimes ....
Posted in:
Offences