303.5
In forceCultivating marketable quantities of controlled plants
ScheduleThe Criminal Code
Volume 2sch (s 268.1-395.50)
Chapter 9Dangers to the community
Part 9.1Serious drug offences
Division 303Commercial cultivation of controlled plants
303.5 Cultivating marketable quantities of controlled plants
(1)
A person commits an offence if:
(a)
the person cultivates a plant for a commercial purpose; and
(b)
the plant is a controlled plant; and
(c)
the quantity cultivated is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(2)
The fault element for paragraph (1)(b) is recklessness.
(3)
Absolute liability applies to paragraph (1)(c).
Note:
Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
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