Australian Capital Territory Current Acts

DRUGS OF DEPENDENCE ACT 1989 - SECT 171AAA

    (1)     A person commits an offence if—

        (a)     the person cultivates a cannabis plant at premises; and

        (b)     more than 4 cannabis plants are being cultivated at the premises.

Maximum penalty: 50 penalty units, imprisonment for 2 years or both.

    (2)     Strict liability applies to subsection (1) (b).

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant—

        (a)     lived at the premises when cultivating the cannabis; and

        (b)     was not aware, and could not reasonably have been expected to be aware, that more than 4 cannabis plants were being cultivated at the premises.

Note     The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 59).