Charged With Cannabis Cultivation in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Cannabis cultivation charges in Tasmania are serious criminal offences that can result in prison time, substantial fines, and a permanent criminal record. The state has not followed the ACT's decriminalisation approach - growing any amount of cannabis remains illegal. If you've been charged, you need legal representation immediately to protect your future and explore all available defences.

Do You Need a Lawyer?

Yes, absolutely. Cannabis cultivation charges in Tasmania are complex criminal matters prosecuted aggressively by police and the DPP. Without proper legal representation, you face maximum penalties, missed defence opportunities, and prosecution tactics designed to secure convictions. A criminal defence lawyer can challenge evidence, negotiate reduced charges, argue for non-conviction outcomes, and present mitigation that significantly reduces penalties.

The difference between representing yourself and having expert legal counsel often means the difference between prison and community-based orders, between conviction and dismissal, between losing your career prospects and protecting your future. Police rely on most defendants not understanding their rights or the weaknesses in the prosecution case.

Don't let fear of legal costs stop you from getting help. The long-term consequences of a cannabis conviction far outweigh the cost of proper legal representation. Call 1300 636 846 now for immediate advice.

What Happens Next - The Process

1. First Court Appearance (Magistrates Court) - You'll appear before a magistrate within 2-8 weeks of being charged. This is for entering a plea and setting future dates. Don't enter any plea without legal advice.
2. Brief of Evidence - Police must provide all evidence against you, including photos, statements, forensic reports, and search warrants. This takes 4-8 weeks and reveals the prosecution's case strength.
3. Legal Strategy Development - Your lawyer analyses the brief for defence opportunities, procedural errors, evidence problems, or negotiation possibilities. This determines whether to fight the charges or negotiate.
4. Case Conference or Plea Negotiations - If appropriate, your lawyer negotiates with prosecutors for reduced charges, summary disposal, or agreed facts that minimise penalties.
5. Final Hearing or Plea - Either a contested hearing where you fight the charges, or a plea hearing where your lawyer presents maximum mitigation to minimise penalties.
6. Sentencing - If convicted, the court imposes penalties ranging from good behaviour bonds to imprisonment, depending on the circumstances and your lawyer's submissions.

Each step requires strategic decisions that affect your outcome. Having experienced legal representation from step one maximises your chances of the best possible result.

The Law in Tasmania

Cannabis cultivation in Tasmania is prosecuted under the Misuse of Drugs Act 2001 (Tas). The Act creates different offences based on quantities, with trafficking presumptions at specific thresholds that dramatically increase penalties.

Simple Cultivation (Section 5) - Growing any cannabis plants without commercial intent. Maximum penalty: $8,500 fine or 2 years imprisonment.

Cultivation for Supply (Section 5) - Growing cannabis with intent to supply others. Maximum penalty: $175,000 fine or 10 years imprisonment.

Trafficking Presumption Thresholds:

• 1-10 plants: Generally treated as simple cultivation unless clear evidence of commercial intent
• 10+ plants: Presumption of cultivation for supply applies, shifting the burden to prove personal use only
• 50+ plants: Strong presumption of commercial trafficking with enhanced penalties

Hydroponic vs Outdoor Cultivation: Courts treat hydroponic operations more seriously due to the sophisticated equipment, controlled environment, and higher yields. Hydroponic setups often trigger commercial supply presumptions at lower plant numbers. The investment in equipment, electricity theft, and professional setup methods are viewed as indicators of commercial intent.

Aggravating Factors that Increase Penalties:

• Cultivation near schools or public places
• Involvement of children in the operation
• Electricity theft or meter bypassing
• Firearms or weapons found during searches
• Large amounts of cash or evidence of sales

The prosecution doesn't need to prove you sold cannabis - possession of certain quantities creates legal presumptions that you intended to supply others. Your lawyer must know how to challenge these presumptions effectively.

Mistakes to Avoid

1. Talking to Police Without a Lawyer Present - Anything you say will be used against you in court. Police interviews are designed to gather evidence for conviction, not to help you. Exercise your right to silence and request a lawyer immediately. Many cultivation cases are won or lost based on what defendants say during police questioning.

2. Pleading Guilty at the First Appearance - Never enter a plea until your lawyer has analysed the full brief of evidence. Police charging decisions are often wrong, evidence may be inadmissible, or search warrants may be invalid. We've seen numerous cases where initial charges were dropped or significantly reduced after proper legal analysis.

3. Assuming Higher Plant Numbers Always Mean Worse Outcomes - Courts focus on intent, sophistication, and commercial indicators more than raw numbers. A well-presented personal use defence with proper mitigation can achieve better outcomes than expected. Don't assume your situation is hopeless because of plant quantities.

4. Ignoring Search and Seizure Issues - Police must follow strict procedures when searching properties and seizing evidence. Invalid warrants, unlawful searches, or procedural breaches can result in evidence exclusion and charge dismissals. Only experienced criminal lawyers spot these technical defences.

5. Failing to Address Underlying Issues - Courts impose harsher penalties on defendants who show no insight or rehabilitation efforts. Proactively addressing drug counselling, mental health treatment, or addiction issues before sentencing significantly improves outcomes and shows genuine remorse.

Likely Outcomes and Costs

With Legal Representation:

• Charge dismissals in 15-25% of cases due to evidence or procedural problems
• Reduced charges through negotiation in 40-60% of cases
• Non-conviction outcomes (good behaviour bonds, community work) in suitable cases
• Suspended sentences instead of immediate imprisonment for first offenders
• Substantial fine reductions through effective mitigation

Without Legal Representation:

• Maximum penalties applied more frequently
• Missed opportunities for charge reductions or dismissals
• Higher likelihood of conviction and criminal record
• Imprisonment for cases that could have achieved community-based orders
• No challenge to evidence or procedural errors

Legal Costs: Expect $3,000-$8,000 for straightforward matters, $8,000-$15,000 for complex cases requiring detailed evidence analysis or contested hearings. This investment is minimal compared to the lifetime cost of criminal convictions on employment, travel, and professional licensing.

Timeframes: Most cases resolve within 3-6 months. Complex matters involving extensive evidence or constitutional challenges may take 8-12 months. Your lawyer will provide realistic timeframes based on your specific circumstances.

The key difference is having someone who understands how to challenge evidence, negotiate effectively, and present your case in the best possible light to minimise long-term consequences.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended over 100,000 Australians across every state and territory, with 800+ experienced criminal defence lawyers who understand exactly how to handle cannabis cultivation charges in Tasmania. Our Tasmanian team appears in Hobart, Launceston, Devonport, and Burnie courts daily, with deep knowledge of local prosecutors, magistrates, and successful defence strategies.

What sets us apart:

• Fixed-fee consultation - Know your costs upfront with no surprises
• 24/7 emergency hotline - Call 1300 636 846 anytime for urgent legal help
• 4.5-star rating from 780+ reviews - Proven track record of client satisfaction
• Specialist drug defence experience - We handle cannabis cases weekly and know what works
• Every court, every day - Your lawyer will be familiar with local court procedures and key personnel

Our cannabis cultivation defence strategy includes detailed evidence analysis, search warrant challenges, intent disputes, and comprehensive mitigation packages designed to minimise penalties and protect your future.

Take action now:

• Call 1300 636 846 for immediate legal advice
• Book online at gotocourt.com.au/book for your fixed-fee consultation
• For urgent after-hours help, our 24/7 hotline connects you with experienced criminal lawyers

Don't let cannabis cultivation charges derail your future. Every day you wait is a day the prosecution uses to build their case against you. Get experienced legal representation fighting for the best possible outcome from day one.