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 is guilty of an indictable offence and liable—
(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or
(b) in any other case, to level 4 imprisonment (15 years maximum).
S. 72C inserted by No. 61/2001 s. 6, amended by No. 2/2016 s. 11.