Offences Involving Cannabis

This section includes maximum penalties and sentencing statistics for offences involving cannabis. It will also cover the likely penalties for the more common first drug offences.

Other popular street terms for Cannabis, or Marijuana, are Weed, Pot, Grass, Dope, Buds, Mary Jane, Joint, Chronic, Buddha Sticks, Doobie, Hooch, Yarhndi.

Self Administration Of Cannabis

Cannabis is a prohibited drug.

According to section 12 of the Drug Misuse and Trafficking Act 1985, it is an offence to administer or attempt to administer a prohibited drug to yourself.

The maximum penalty for this charge is a fine of 20 penalty units and/or 2 years imprisonment.

Which Court Will Hear Your Matter?

This matter is a summary matter and will be dealt with in the Local Court.

What Are The Elements The Prosecution Must Prove?

To convict you of a use of prohibited drugs charge, the police must prove each of the following matters beyond a reasonable doubt:

• The substance is Cannabis; and
• You administered Cannabis to yourself; or
• You attempted to administer Cannabis to yourself

Self-administering includes any means of introducing Cannabis into your body – for example, the ingestion, injection and inhalation of a drug, the smoking of a drug, the inhalation of fumes caused by the heating or burning of a drug.

Administration Of Cannabis To Others

According to section 13 of the Drug Misuse and Trafficking Act 1985, it is an offence to administer or attempt to administer Cannabis to another person.

The maximum penalty for this charge is a fine of 20 penalty units and/or 2 years imprisonment.

Which Court Will Hear Your Matter?

This matter is a summary matter and will be dealt with in the Local Court.

What Are The Elements The Prosecution Must Prove?

To convict you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:

• The substance is Cannabis; and
• You administered the Cannabis to another person; or
• You attempted to administer the Cannabis to another person

Administering / attempt to administer includes any means of introducing Cannabis into another person’s body, for example, providing someone with hash cookies.

Possession Of Cannabis

Cannabis is a prohibited drug.

According to section 10 of the Drug Misuse and Trafficking Act 1985, it is an offence to possess a prohibited drug.

The maximum penalty for this charge is a fine of 20 penalty units and/or 2 years imprisonment.

Which Court Will Hear Your Matter?

This matter is a summary matter and will be dealt with in the Local Court.

What Are The Elements The Prosecution Must Prove?

To convict you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:

• You had Cannabis in your possession, and
• You knew it was in your possession, or knew of its likely existence and nature, or you believed that it was Cannabis.

What Is Deemed Supply?

If you are in possession of a traffickable quantity of Cannabis, it is presumed that you possess the Cannabis for the purposes of supply, unless you can prove that it was only for personal use.

Supply Of Cannabis

Cannabis is a prohibited drug. The maximum penalty for the charge of suppling of prohibited drug (Section 25 of the Drug Misuse and Trafficking Act) depends on the quantity of the drug, and can range from a fine of 2000 penalty units and/or 10 years imprisonment, to a fine of 5000 penalty units and/or imprisonment for 20 years.

According to section 25 of the Drug Misuse and Trafficking Act, it is an offence to supply a prohibited drug.

Which Court Will Hear Your Matter

Where the amount of Cannabis exceeds the commercial quantity (25kg), this matter is strictly indictable which means that it can only be finalised in the District Court.

Where the amount of Cannabis does not exceed the commercial quantity (25kg) but is more than the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the amount of Cannabis does not exceed the indictable quantity but is more than the small quantity (30g), this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the amount of Cannabis does not exceed the small quantity (30g), this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

What Are The Relevant Drug Quantities?

The amount of Cannabis you supplied will also affect the penalty you receive. The quantities for Cannabis leaf have been classified as follows:

What Are The Elements The Prosecution Must Prove?

To convict you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:

• You supplied Cannabis, or
• You knowingly took part in the supply of Cannabis.

Cultivating Cannabis

Cannabis is a prohibited plant. The offence of Cultivate Prohibited Plant is contained in section 23 of the Drug Misuse and Trafficking Act 1985 and states a person who:

• cultivates, or knowingly takes part in the cultivation of, a prohibited plant,
• supplies, or knowingly takes part in the supply of, a prohibited plant, or
• has a prohibited plant in his or her possession,

is guilty of an offence.

The penalties for cultivating a prohibited plant depend on the quantity of the plant you had, and can range from a fine of 2000 penalty units and/or 10 years imprisonment, to a fine of 5000 penalty units and/or imprisonment for 20 years.

Which Court Will Hear Your Matter?

Where the amount of Cannabis plants exceeds the commercial quantity (250), this matter is strictly indictable which means that it can only be finalised in the District Court.

Where the amount of Cannabis plants does not exceed the commercial quantity (250) but is more than the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the amount of Cannabis plants does not exceed the indictable quantity but is more than the small quantity (5), this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the amount of Cannabis plants does not exceed the small quantity (5), this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

What Are The Relevant Drug Quantities?

The amount of Cannabis plants you cultivated will also affect the penalty you receive. The quantities for Cannabis plants have been classified as follows:

What Are The Elements The Prosecution Must Prove?

To convict you of Cultivate Prohibited Plant the prosecution must prove each of the following matters beyond reasonable doubt:

• That you cultivated, or knowingly took part in the cultivation of a plant; and
• That the plant was a prohibited plant.

Cultivating Cannabis By Enhanced Indoor Means For A Commercial Purpose

Cannabis is a prohibited plant. The offence of Cultivate Prohibited Plant by Enhanced Indoor Means for a Commercial Purpose is contained in section 23 of the Drug Misuse and Trafficking Act 1985 and states a person who:

• cultivates by enhanced indoor means, or knowingly takes part in the cultivation by enhanced indoor means of, a number of prohibited plants which is:
  • not less than the small quantity applicable to the prohibited plants, and
  • less than the commercial quantity applicable to those prohibited plants, and
  • cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose,

• is guilty of an offence.

The penalties for cultivating a prohibited plant by enhanced indoor means for a commercial purpose, depend on the quantity of the plant you had, and can range from a fine of 3500 penalty units and/or 15 years imprisonment, to a fine of 5000 penalty units and/or imprisonment for 20 years.

Which Court Will Hear Your Matter?

This matter is strictly indictable which means that it can only be finalised in the District Court.

What Are The Relevant Drug Quantities?

The amount of Cannabis plants you cultivated will also affect the penalty you receive. The quantities for Cannabis plants have been classified as follows:

What Are The Elements The Prosecution Must Prove?

To convict you of Cultivate Prohibited Plant the prosecution must prove each of the following matters beyond reasonable doubt:

• That you cultivated, or knowingly took part in the cultivation of a plant; and
• That the plant was a prohibited plant, and
  • The cultivation occurred inside a building or structure; and
  • Involved the nurture of the plant in nutrient-enriched water; or
  • The application of an artificial source of light or heat; or
  • Suspending the plants roots and spraying them with nutrient solution; and
  • The number of prohibited plants cultivated were not less that the small quantity applicable, but less than the commercial quantity applicable.

Importing And Exporting Cannabis

Cannabis is a border controlled drug.

According to Division 307 of the Commonwealth Criminal Code Act, it is an offence to import or export border controlled drugs.

The maximum penalty for importing or exporting Cannabis depends on the quantity imported.

There are three different quantity ranges under the Criminal Code Act 1995. The table below shows the maximum penalty for each of the different quantities.

The following table shows what amount of Cannabis is considered a marketable quantity and commercial quantity.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.