It is an offence to cultivate controlled plants (including cannabis) with the intention of selling any of them, or their products or whilst believing another person intends to sell any of them or their products [see Controlled Substances Act 1984 (SA) s 33B for penalties relating to large commercial quantity, commercial quantity and trafficable quantity].
Section 33B came into effect on 3 December 2007, and applies to offences committed on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005 (SA)].
In accordance with the Controlled Substances Act 1984 (SA), to cultivate a controlled plant means to:
This definition came into effect on 3 December 2007, and only applies to offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005 (SA)].
A person takes part in the process of the cultivation of a controlled plant if the person directs, takes part or participates in any step, or causes any step to be taken in the process of cultivation [see Controlled Substances Act 1984 (SA) s 4(4)]. A step in the process of the cultivation of a controlled plant includes:
Section 4(7) came into effect on 3 December 2007, and applies to any offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005 (SA)].
The Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) Schedule Three, Part Two, provides the relevant prescribed amounts for the cultivation of cannabis as: large commercial quantity: 100 plants; commercial quantity: 20 plants; trafficable quantity: 10 plants. Where the amount of cannabis is more than the prescribed amount for a trafficable offence (that amount being 10 plants), cultivation is deemed to be for the purpose of sale or supply [see Controlled Substances Act 1984 (SA) s 33B(5)].
Section 33B came into effect on 3 December 2007, and applies to any offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005 (SA)].
It is an offence to cultivate a controlled plant (one) whilst intending to sell it or any of its products, or knowing another person intends to sell it or its products. The maximum penalty is a fine of $50 000 or imprisonment for 10 years, or both [see Controlled Substances Act 1984 (SA) s 33B(3)]. An offence involving the cultivation of one cannabis plant must be prosecuted in the Magistrates Court as a summary offence. However, that court must commit the matter to the District Court for sentence where it determines the penalty for the offence should exceed imprisonment for two years [see s 33B(4); R v Tennant (No2) [2010] SASCFC 26 for an example].
Section 33B came into effect on 3 December 2007, and applies to any offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005].
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