Likely Penalties for Cultivating Cannabis
This page explores the likely penalties for a charge of Cultivating Cannabis and includes sentencing statistics from New South Wales Local and District Courts. The information does not include offences involving the cultivation of cannabis by enhanced indoor means which carries more serious penalties.
In NSW, a Court can impose any of the following penalties for a charge of Cultivating Cannabis:
- Section10A
- Conditional Release Order with or without conviction
- Fine
- Community Service Order
- Intensive Corrections Order
- Full time custodial sentence
Maximum Penalties for a Cultivating Cannabis Charge
The penalties for Cultivating Cannabis depend on the quantity of the cannabis and if the matter is dealt with in the Local or District Court. There are 5 different quantity categories under the Drug Misuse and Trafficking Act 1985 (NSW). They are:
- Not more than the small quantity
- More than the small quantity but less than the indictable quantity
- More than the indictable quantity but less than the commercial quantity
- More than the commercial quantity but less than the large commercial quantity
- Not less than the large commercial quantity
The table below outlines the quantity categories for Cannabis plants:
Drug |
Small Quantity |
Indictable Quantity |
Commercial Quantity |
Large Commercial Quantity |
| Number of Cannabis Plants | 5 | 50 | 250 | 1000 |
Quantity |
Local Court |
District Court |
| Equal to or less than small quantity (T2) | 2 years imprisonment and/or fine of $5,500 | 10 years imprisonment and/or a fine of $220,000 |
| More than small quantity but less than or equal to indictable quantity (T1) | 2 years imprisonment and/or fine of $110,000 | 10 years imprisonment and/or a fine of $220,000 |
| More than indictable quantity but less than or equal to commercial quantity (Cannabis-T1 Other – I) | 2 years imprisonment and/or fine of $110,000 | 10 years imprisonment and/or a fine of $220,000 |
| More than commercial quantity but less than or equal to large commercial quantity (I) | 2 years imprisonment and/or fine of $110,000 | 15 years imprisonment and/or a fine of $385,000 |
| Equal to or more than large commercial quantity (I) | NA | 20 years imprisonment (10 years standard non-parole period) and/or a fine of $550,000 |
Sentencing Statistics from New South Wales Local and District Courts as of 22 October 2025
As seen in the graph, the most common sentence for Cultivating Cannabis in the Local Court is a Community Corrections Order at 66.7% whereas in the District Court, the most common sentence is a Conditional Release Order with Conviction at 32% closely followed by an Intensive Corrections Order at 28%.
This article was written by Emily Wood-Ward
Emily Wood-Ward is a Criminal Lawyer based in Sydney bringing vast experience from working in both public and private practice. She has experience appearing and instructing counsel in the Local, District, Supreme and Coroners Courts of New South Wales. Emily has honed fierce advocacy skills from her experience working with incredibly vulnerable and disadvantaged clients whilst working for the Aboriginal...
