Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 616

Cultivating controlled plant for selling

    (1)     A person commits an offence if the person cultivates a large commercial quantity of a controlled plant—

        (a)     with the intention of selling any of the plants or their products; or

        (b)     believing that someone else intends to sell any of the plants or their products.

Maximum penalty: imprisonment for life.

    (2)     Absolute liability applies to the circumstance that the quantity cultivated was a large commercial quantity.

    (3)     A person commits an offence if the person cultivates a commercial quantity of a controlled plant—

        (a)     with the intention of selling any of the plants or their products; or

        (b)     believing that someone else intends to sell any of the plants or their products.

Maximum penalty: 2 500 penalty units, imprisonment for 25 years or both.

    (4)     Absolute liability applies to the circumstance that the quantity cultivated was a commercial quantity.

    (5)     A person commits an offence if the person cultivates a trafficable quantity of cannabis plants—

        (a)     with the intention of selling any of the plants or their products; or

        (b)     believing that someone else intends to sell any of the plants or their products.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

    (6)     Absolute liability applies to the circumstance that the quantity cultivated was a trafficable quantity.

    (7)     A person commits an offence if the person cultivates a controlled plant (other than a cannabis plant)—

        (a)     with the intention of selling it or any of its products; or

        (b)     believing that someone else intends to sell it or any of its products.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

    (8)     A person commits an offence if the person cultivates a cannabis plant—

        (a)     with the intention of selling it or any of its products; or

        (b)     believing that someone else intends to sell it or any of its products.

Maximum penalty: 300 penalty units, imprisonment for 3 years or both.



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