Can I Grow My Own Marijuana or Cannabis At Home?

Cannabis And Marijuana: Can I Grow It At Home?

As societal attitudes evolve and medical perspectives shift, there has been a notable decrease in the stigma associated with certain drug usage. Scientific research, such as that published in The Hawaii Journal of Medicine & Public Health, has demonstrated the therapeutic benefits of cannabis, with many users experiencing significant pain relief. In some countries around the world, the use of cannabis has been decriminalised and even sold in stores.

Cannabis is widely accessible in Australia and ranks as one of the most commonly used prohibited drugs. Accessibility is evident from reports like the Illicit Drug Reporting System (IDRS) and the Ecstasy and Related Drugs Reporting System (EDRS). Despite its prevalence, the legal framework in New South Wales (NSW), primarily governed by the Drug Misuse and Trafficking Act 1985 (NSW), maintains strict regulations regarding possession, cultivation, and supply of prohibited substances.

In contrast, the Australian Capital Territory (ACT) implemented legislative changes on January 31, 2020, allowing adults to legally grow, use, and smoke cannabis for personal use. However, certain restrictions still apply, such as prohibitions on public consumption and measures to prevent exposure to minors.

Legality of Marijuana

It’s crucial to note that while ACT residents enjoy these liberties, the laws in NSW remain stringent. The cultivation of cannabis for personal use without a license is strictly prohibited under Section 23 of the Act, carrying severe penalties ranging from fines to imprisonment depending on the quantity involved.

The Drug Misuse and Trafficking Act 1985 (NSW) also makes the following acts illegal:

The use of prohibited drugs;
Possession of prohibited drugs;
Supply and trafficking of prohibited drugs;
Cultivation and possession or prohibited plants;
Manufacture of prohibited plants;
Aiding and abetting and taking part in offences involving prohibited drugs or plants; and/or
Possession of drug use implements

What Happens If You Get Charged With Cannabis Cultivation?

If you are charged for drug cultivation, and the police are satisfied that you both cultivated a plant and that the plant was prohibited, you may be charged with the offence of drug cultivation under section 23 Of the Drug Misuse and Trafficking Act (1985). As a criminal offence, you may have your matter heard in either the local or the district court, depending on the number of plants that the person is charged with cultivating.

Where The Number Of Cannabis Exceeds The Indictable Quantity

The matter will be heard in the District Court before a Judge and Jury . Should you plead not guilty, the matter will be heard before a Jury for Trial. If you decide to plead guilty, the matter will be before a Judge for Sentencing.

Do You Legally Have To Report Cannabis Cultivation If You Witness It?

In many circumstances, individuals are not legally required to report a crime when they witness it. However, under section 315 of the Crimes Act 1900, is it an offence to conceal information regarding a serious indictable offence (any offence that carries a prison term of at least five years) if you don’t have a reasonable excuse for failure to report.

As drug cultivation carry a maximum penalty of up to 10 years, failure to report this offence if you witness it can have negative legal consequences. If you witness such an offence, it is recommended that you seek advice from an expert criminal lawyer or else, report any knowledge of it anonymously through crime stoppers.

Defences For Marijuana In NSW

Pleading Not Guilty To Cannabis Cultivation NSW

If you choose to plead ‘not guilty’ to the charges of drug cultivation this means that you disagree that the Police can prove either one, or several of the elements of the drug cultivation charges against you. In this circumstance, you will not be convicted unless the prosecution can prove beyond a reasonable doubt the elements of the offence.

Our team can advise you on the various legal defences that may be applicable to your circumstances, and can result in either a lesser charge or an acquittal. These defences can include, but are not limited to;

A maintenance of innocence if you did not engage in the offence
Argue that the plant was not prohibited
Necessity
Duress

Pleading Guilty To Cannabis Cultivation NSW

If you plead guilty to drug cultivation, you agree that the prosecution can prove each of the elements of the offence that you have been charged with, against you. Pleading guilty if you have committed the offence will provide you with the best possible outcome.

If you are choosing to plead guilty, an earlier plea most often entitles you to a lesser sentence, with a current maximum discount of 25% for an early plea. Your case will be heard in a sentencing hearing, where the Barsha Defence Lawyers team can assist you in achieving the best possible outcome for the circumstances of your case.

Marijuana Cultivation: Burden Of Proof

As a criminal offence, the burden of proof lies on the prosecution to prove, beyond a reasonable doubt, that an individual has engaged in drug cultivation.

To be found guilty of drug cultivation under section 23 (1) of the Drug Misuse and Trafficking Act (1985), the prosecution must prove;

That you cultivated a prohibited cannabis plant (or knowingly partook in it’s cultivation)

To be found guilty of cultivating by enhanced indoor means, the prosecution must prove the following;

That you cultivated a prohibited plant (or knowingly partook in it’s cultivation)
You did this by enhanced indoor means (eg. artificially supplied light/heat, nurtured with nutrients-enriched water etc.)
This occurred with a commercial purpose

Charged with Cannabis Cultivation?

Barsha Defence Lawyers provides accurate and affordable legal representation for individuals facing charges related to drug offenses, including cannabis cultivation, possession, and supply. If you or someone you know has been charged with a drug offence, obtaining legal representation at the inception of the criminal justice process is critical and could decide the outcome of your case. Get in touch with our Blacktown Criminal Law Experts at Barsha Defence Lawyers today to book your initial free consultation with our experienced lawyers.