New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 33

33 Penalties for offences involving commercial quantities or cultivation for a commercial purpose

(1) This section applies to the following offences--

(a) an offence under section 23 (1A) or (2), 24 (2) or 25 (2) or (2A),

(b) an offence under section 26 of conspiring to commit an offence referred to in paragraph (a),

(c) an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a),

(d) an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23 (1A) or (2), 24 (2) or 25 (2) or (2A).

(2) The penalty for an offence is--

(a) except as provided by paragraph (b), a fine of 3,500 penalty units or imprisonment for 20 years, or both, or

(b) where the offence relates to cannabis plant or cannabis leaf, a fine of 3,500 penalty units or imprisonment for 15 years, or both.

(3) Despite subsection (2), if the court is satisfied that the offence involved not less than the large commercial quantity of the prohibited plant or prohibited drug concerned, the penalty for the offence is--

(a) except as provided by paragraph (b), a fine of 5,000 penalty units or imprisonment for life, or both, or

(b) where the offence relates to cannabis plant or cannabis leaf, a fine of 5,000 penalty units or imprisonment for 20 years, or both.

(4) In this section--

"large commercial quantity" , in relation to a prohibited plant or prohibited drug, means the number or amount, if any, specified opposite the plant or drug in Column 5 of Schedule 1.