Just last week, police uncovered a cannabis ‘grow house’ in Forde, a suburb of Canberra.
An apparently careless person left the home’s garage door open, which caused a passer-by to become concerned that the house was not locked.
Police responded to the call and, upon arrival, smelt a wonderfully familiar odour.
They peered inside and saw equipment used in the cultivation of cannabis.
A search warrant was executed and a sophisticated set-up was found, with 30 adult plants growing in one bedroom and another 70 seedlings in another.
A range of horticultural equipment was seized, including grow lights, irrigation systems and air filters.
No arrests have yet been made, as the culprits must have gotten wind that the ‘jig was up’.
Police have appealed to the public for information, but so far no-one has come forward.
If police find those responsible, it is likely that they will be charged with drug cultivation.
In New South Wales, the offence of drug cultivation is contained in section 23 of the Drug Misuse ad Trafficking Act 1985.
The law says that to be found guilty, the prosecution must prove that you cultivated an illegal plant, supplied an illegal plant to another person, or possessed an illegal plant on your own property.
Drug cultivation therefore encompasses a wide range of actions – even where you didn’t own the plant or equipment.
For example, you may be charged with drug cultivation where it is alleged that you watered or fertilised plants, even if they were owned by someone else and on their property.
You can also be charged if you supply the seeds or spores of an illegal plant to another person.
If you are found guilty of drug cultivation, the maximum penalty will depend on the amount and type of plants that you have, as well as the court in which your case is heard.
Penalties range from 10 years imprisonment and/or a $220,000 fine for a small quantity of cannabis (no more than five plants), all the way to life imprisonment and/or a $550,000 fine for a large commercial quantity (1000 or more) of plants other than cannabis, such as magic mushrooms.
If charged under New South Wales law, the persons responsible for the grow operation uncovered in Canberra would be looking at a maximum penalty of 10 years imprisonment and/or a $220,000 fine for growing more than the indictable quantity of cannabis, but less than the commercial quantity.
If they are charged, let’s hope they get themselves a good drug lawyer who has a lot of experience fighting drug cultivation cases!
For serious offences such as drug cultivation, a lawyer who specialises in drug cases can make all the difference to securing a favourable result.
For example, in cases like the one discussed above, an experienced drug lawyer may be able to push to have the charges dropped at an early stage by identifying problems with the prosecution case, such as a lack of evidence that a particular person was actually involved in the cultivation, even though they may have been present at the premises and observed the operation taking place.
Earlier this week, a young woman was found ‘not guilty’ to charges of taking part in a cannabis grow operation, again in Canberra.
The 21 year old was part of a group charged with growing cannabis after police uncovered 98 plants that were being grown in her parents’ house, along with a range of sophisticated hydroponics equipment.
It was alleged that she had cultivated the plants in 2012.
The prosecution alleged that the house was ‘consumed’ by the plantation, and presented evidence from a camera installed by police inside the house which showed the woman present during the height of the operation.
Despite that evidence, her lawyer was able to secure an acquittal by arguing that she had not actively taken part in the cultivation and had only lived at the house intermittently.
This was supported by a lack of DNA evidence or fingerprints on the equipment that was used.
It was argued that she did not hide or help grow the plants, but rather omitted to inform her parents and the police.
The expert defence team at Sydney Drug Lawyers is renowned for their expertise in drug cultivation cases.
One of our cases involved a 36 year old lady who was charged with drug cultivation after her DNA was found on fixtures and fertilising liquid allegedly used to grow hydroponic cannabis inside a Richmond home.
The prosecution also had video surveillance of our client entering the premises on numerous occasions over a 2 month period.
The owner of that house pleaded guilty to the charge and received a lengthy prison sentence.
We, on the other hand, had our client’s charges dropped altogether after successfully arguing that the evidence was not sufficient to prove beyond reasonable doubt that she actively participated in the enterprise.
As Sydney’s leading drug lawyers, we are vastly experienced at fighting and winning serious drug cultivation cases, and can help you to understand the allegations against you, as well as your options.
We can identify any weaknesses in the prosecution case and any defences that you may have, such as where you were coerced or threatened into taking part in the enterprise.
If your matter proceeds to court, we guarantee that you will be represented by our highly respected senior lawyers, each of whom have many years of experience fighting and winning drug cases.
You can take a look at our recent cases to see the outstanding results that we achieve for our clients.
We also offer a FREE first conference, so call us now on (02) 9264 5778 to book an appointment to meet with our expert defence team.
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