Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Cultivating Cannabis (Vic)
Since 2016, it has been legal to grow cannabis for medicinal purposes in Australia. Since then, the Victorian Government has made plans for the state to become the centre for medical cannabis in Australia, with the growing industry expected to create jobs, investment opportunities and develop a range of products to meet patients’ needs. However, cultivating cannabis remains a serious criminal offence in Victoria if it is not done for medicinal use only and under very tight controls and. This article will outline offences relating to cultivating cannabis in Victoria as well as the regulations for doing so legally.
Medicinal cannabis in Victoria
The Narcotic Drugs Act 1967 has now been amended so that a person may apply for a medicinal cannabis licence anywhere in Australia (Section 8E). Once a person has obtained such a licence, they may obtain, cultivate and produce cannabis plants or cannabis resin for medicinal purposes. This must be done under strict controls. The person must have a suitable location, suitable facilities and proposed security arrangement. In order to obtain a licence, they must also show that they are a fit and proper person, have not been found guilty of a serious criminal offence in the last 10 years and that they will take all steps necessary to ensure the cannabis is kept physically secure. A licence will only be issued if the Health Department is satisfied that it is appropriate to issue a licence.
Cannabis plants can be used to treat a number of conditions including epilepsy, MS, chronic pain and HIV.
Patients in Victoria requiring medicinal cannabis products may obtain prescriptions for suitable products from their doctor if the doctor considers it likely that the patient will benefit from such a product. There is currently only one medicinal cannabis product approved for use in Australia and patients who require other products which have to be imported need the approvals of the Commonwealth Therapeutic Goods Administration and the Department of Health prior to receiving prescriptions for these products.
The offense of cultivating cannabis in Victoria
Cultivating cannabis is an offence in Victoria (as in other states) when it is done otherwise than under the Federal licencing scheme. In Victoria, it is an offence under the Drugs, Poisons and Controlled Substances Act 1981 to cultivate a narcotic plant or attempt to do so (Section 72B). Courts have interpreted the term ‘cultivation’ to include ‘all activities associated with production from the soil, including preparing the soil, sowing, fertilising, tending and caring for the plants, and finally harvesting the crop.’ (King CJ in R v Giogio and Romeo).
Cultivation can occur on a tiny scale, with a single plant in someone’s home, or on a medium, large or huge scale, with sophisticated hydroponic systems used to harvest plants or outside on a rural property. ‘Cultivation by enhanced indoor means’, such as a hydroponic system forms a separate offence in some jurisdictions)
In Victoria, the maximum penalties courts can impose for cultivating cannabis offences are as follows:
|Any number or quantity||Cultivating narcotic plant||Maximum 20 penalty units or 12 months imprisonment if court is satisfied the plants were not intended for trafficking purposes
In all other case maximum 15 years imprisonment
|More than 100 plants or 25 kilograms||Cultivating commercial quantity narcotic plant||Maximum 25 years imprisonment|
|More than 1000 plants or 250 kilgrams||Cultivating large commercial quantity narcotic plant||Maximum life imprisonment|
As the above table shows, offences involving the cultivation of cannabis include a wide range of offending behaviours with different levels of culpability and varying maximum penalties. While the maximum penalties referred to above are terms of imprisonment and fines, courts can also impose other, lesser sentences. A charge involving a small amount of marijuana grown for personal use (whether recreational or medical), may be dealt with through a Good Behaviour Bond or even through a Diversionary Program. On the other hand, where a person is growing the plant in the context of a commercial operation without a licence, a lengthy term of imprisonment can be expected.
Cultivation of cannabis without a licence is still a serious criminal offence in Victoria. As the circumstances of every alleged offence are different, it is important to seek legal advice as soon as possible. If you have been charged with a cannabis offence, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
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