In New South Wales, possession, cultivation, growing and use of cannabis is a criminal offence. One who was found to have in his possession cannabis or implements to use it will be charged with possession of cannabis or possession of implements in the use of cannabis. In Australia, growing cannabis is a trend as a livelihood. The hydroponic plant type is the most common variety of cannabis which the Australian Authorities have detected to be cultivated indoors by the cannabis growers.
When arrested for possession of cannabis or cultivation of the same, the prosecution must prove the elements of the crime which are as follows: that the person arrested has in his possession the said illicit drug and that he has knowledge that he has in his possession an illicit drug and has control over it.
The penalties imposed in the crime of possession of cannabis vary from state to state or from territory to territory. In the imposition also of the penalty, the amount of the cannabis is taken into consideration.
The court which has jurisdiction to hear and decide the case is determined by the amount of the illicit drug possessed by the offender. In the crime of cultivation of cannabis, the determining factor for the court to acquire jurisdiction is the number of seedling planted. In some states in Australia, if the cannabis being cultivated is less than 250 cannabis plants, it is hear and decided by the magistrate local court. If the cannabis planted is more than 250 cannabis plants or seedlings, the case is cognizable by the higher court.
There are states and territories in Australia where possession of cannabis was decriminalized. The police authorities have the discretionary power to impose automatically a civil penalty for those arrested for possession of this illicit drug and waiving the criminal aspect of the case. There were also states that require the drug offender to undergo a diversion program to treat and educate them. However, eligibility in this diversion program is not automatic. There are processes involved before the offender is registered into the diversion program.
The civil penalty imposed is either a fine of $200 to $2000 dollars depending on the amount of the cannabis found in the possession of the drug offender or jail time as mandated in Western Australia
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.