Is it Legal to Cultivate Cannabis in New South Wales?
In New South Wales, it is a criminal offence to cultivate a prohibited plant, including Cannabis without a medicinal Cannabis licence. Holding a licence authorises the licence holder to cultivate, produce or manufacture Cannabis plants for scientific or medicinal purposes under section 8E of the Narcotic Drugs Act 1967 (Cth) (‘the Act’).
Activities relating to such obtaining, cultivation, production or manufacture include:
- the supply of Cannabis plants or a Cannabis drug;
- the packaging, transport, storage, possession and control of Cannabis plants or a Cannabis drug;
- the taking of samples from Cannabis plants or a Cannabis drug and the testing of such samples;
- the disposal or destruction of Cannabis plants or a Cannabis drug.
Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) sets out the offence of Cultivate Prohibited Plant.
‘Cultivating’ includes sowing or scattering Cannabis seeds and planting, growing, tending or nurturing Cannabis plants.
The maximum penalty for cultivating Cannabis in New South Wales is between 10 and 20 years imprisonment, depending on the quantity that is cultivated. Charges of cultivating less than 250 Cannabis plants can be dealt with in the Local Court, where the maximum penalty for a single offence is two years imprisonment.
| Number of plants or quantity of cannabis | Offence | Maximum penalty |
|---|---|---|
| Any number or quantity | Cultivating narcotic plant where plants not intended for trafficking | 20 penalty units or 12 months imprisonment |
| Any number or quantity | Cultivating narcotic plant | 15 years imprisonment |
| More than 100 plants or 25 kilograms | Cultivating commercial quantity narcotic plant | 25 years imprisonment |
| More than 100 plants or 250 kilograms | Cultivating large commercial quantity narcotic plant | Life imprisonment |
Cannabis Cautions
If you have been caught in possession of a small quantity of Cannabis (15 grams or less) you may be eligible to receive a formal caution under the Cannabis Caution Scheme. Under the scheme, police can exercise their discretion to issue you with a caution rather than charge you with Possession of a Prohibited Drug. A person is deemed ineligible for a caution if they have previously received two or if they have been charged with a serious drug offence such as Supply of a Prohibited Drug.
Medicinal Prescriptions for Cannabis
In New South Wales, a doctor can prescribe Cannabis to a patient if after assessment, they have deemed it as an appropriate treatment option and they have authority to do so.
It is not a defence to a charge of Driving with Illicit Substance in Oral Fluid or Blood if a person consumed or used Cannabis under a medical prescription.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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...
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