Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 72

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable—

        (a)     to level 1 imprisonment (life); and

        (b)     in addition to imprisonment, to a penalty of not more than 5000 penalty units.

Note to s. 72 inserted by No. 55/2014 s. 51, substituted as Notes by No. 65/2016 s. 21(3).

Notes

1     An offence against this section is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

2     An offence against this section is a serious drug offence for the purposes of the Confiscation Act 1997 . On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the Sentencing Act 1991 declaring the person to be a serious drug offender.

S. 72A inserted by No. 61/2001 s. 6, amended by Nos 20/2016 s. 130, 34/2019 s. 32.