If you have been charged with cultivate prohibited plant, then you have grown or maintained an illegal plant. An example of this is cannabis. Section 23 of the Drug Misuse and Trafficking Act 1985, states that a person who cultivates, or knowingly takes part in the cultivation of, a prohibited plant, supplies, or knowingly takes part in the supply of, a prohibited plant, or has a prohibited plant in his or her possession, is guilty of an offence.

In order to be found guilty of cultivate prohibited plant the prosecution must prove beyond reasonable doubt that:

• You cultivated, or knowingly took part in the cultivation of;
• A prohibited plant

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of cultivate prohibited plant, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.

Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The penalty of Cultivate prohibited plant carries a maximum penalty of a fine of $220,000.00 and/or 10 years imprisonment. However, penalties for this offence vary greatly depending on the quantity of the prohibited plant.

Pleading Not Guilty

If you disagree with the cultivate prohibited plant charge, then it is best you enter a plea of not guilty. Defences that can be used in cultivate prohibited plant charges differ widely. However, in situations where you were forced against your will then you may use duress as a defence.

• Duress- you were threatened to cultivate the plants.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you cultivated or knowingly took part in the cultivation of a prohibited plant. If the prosecution fails to prove these elements then you will be found not guilty.