This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

Drugs - Cannabis - Cultivate Less than Commercial Quantity

s.23(1)(a) Drug Misuse and Trafficking Act 1985 (NSW) - cultivate less than commercial quantity
s.32(1)(h) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 10y
Commercial quantity - 250 plants

See also:  Enhanced Indoor Means table below this table. 

Case

Offence

Amount

Plea

Priors

Sentence

Appeal

Facts

Seman


NSW CCA
12.5.1992

Cultivate

Sched:
3 offences

137 plants
85 seedlings

PG

irrelevant

MT 18m
AT 6m

AA
FT 6m

Found in shed in backyard. On appeal found SJ in error in not accepting plants grown for own use.
Good subjectives.

Yalda


NSW CCA
27.9.1994

Cultivate

97 plants

VG

2y PD
$10,000 fine.

Conviction AD

Nurtured plants in garage.

Moy


NSW CCA
2.8.1995

Cultivate

3.5 - 6oz

VG

on recog

MT 6m
AT 2m

AA
FT 19w 3d
(time served)

Found plantation and twice went with friends to remove cannabis for own use.

Simmons


NSW CCA
24.3.1997

Cultivate

not specified

PG

12m PD

AD

Cultivating for own use.

Tidswell
(43)


NSW CCA
3.4.1997

Knowingly take part in cultivation

Sched:
Possess leaf and seed

172 plants

PG

two driving offences

3 years GBB

Crown AA
18m PD

Plants being grown in state forest - 'commercial flavour'.

Kairouz


NSW CCA
18.7.1997

Knowingly take part in cultivation

130-150

VG

MT 2y
AT 1y

AD

Plants found growing in house by landlord, who later found vegetable matter packaged.

Grainger


NSW CCA
2.3.1998

Cultivate

Sched:
Possess 1.028kg cannabis

PG

18m PD
Changed at request of appellant:
MT 9m
AT 9m

AA
MT 6m
AT 12m

No details of offence but initial sentence of periodic detention considered appropriate

Edwards


NSW CCA 17.12.1999

Knowingly take part in cultivation

PG

nil

MT 9m
AT 9m

AA
FT 5m 1w 2d
(expired day of appeal)

Mother of school aged children played active part in cultivating cannabis in shed on farm.
Delay of 4 years. Good rehabilitation.

Stanton


NSW CCA [417]
31.7.2000

Cultivate

VG

MT 18m
AT 18m

AD

No facts - argument on appeal related to parity only. No argument that sentence of itself excessive.

Sirocic


NSW CCA [447]
26.10.2000

Cultivate

Sched:
Possession

3 plants

PG

extensive record including drug offences

MT 2y
AT 2y

AA
18m
NPP 12m

Male found cannabis plants out jogging and took three home for own use. Police found 3,0005g cannabis matter in house.

McBurney
(72)


NSW CCA [203]
17.6.2004

Cultivate

250 plants

PG (20%) 

Nil

4y 3m
NPP 9m

AA
3y
NPP 6m 10d (immediate release)

Degree of sophistication in cultivation - use of hydroponics
Prior good character - Severe medical condition - Fresh evidence as to deterioration in condition

Ly
(38)


NSW CCA [324]
4.10.2006

Cultivate

183 plants

VG

Nil

2y
NPP 12m

AD

Female - Involved with husband and co-offender in growing plants in home unit
Vietnamese - mother to small child - limited English - good character

Raso


NSW CCA [120]
30.5.2008

Cultivate

60 plants

VG

Lengthy - drugs

2y
Suspended

AD

Plants grown in vacant suburban house owned by co-offender
Suffering physical injuries from serious car accident

 
 
 
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Cultivate Cannabis by Enhanced Indoor Means:

Less Than Commercial

 

Drug Misuse and Trafficking Act 1985 (NSW)

s.23(1A)

(a) cultivate by enhanced indoor means, or knowingly take part in the cultivation by enhanced indoor means of, a number of prohibited plants which is:

(i) not less than the small quantity applicable to the prohibited plants, and

(ii) less than the commercial quantity applicable to those prohibited plants, and

(b) cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose

s.33(1)(a), (2)(b)

maximum penalty 15y

Commercial quantity - 50 plants

 

​CaseOffenceAmount​leaPriorsSentenceAppeal​Facts

Zepina
(36)

 

[2010] NSWCCA 155

Knowingly concerned in cultivation by enhanced indoor means

 

Sched:
Deal with proceeds of crime

39 plantsPGNil

2y 6m
NPP 12m

AD

Also found in possession of $104,450 proceeds from earlier harvest – extensive and sophisticated operation using hydroponics system

Suffering post traumatic stress disorder and an adjustment disorder with an anxious and depressed mood – wife suffering MS – remorse and good prospects of rehabilitation

Eyles
(56)

 

[2013] NSWCCA 128

Cultivation by enhanced indoor means

 

2 x firearms offences

 

Sched:

Related offences

58 plants

PG
(25%)

 

3y
NPP 18m

AD

Large sophisticated hydroponic cannabis plantation in the garage – high quality plants as well as drying cannabis, seeds and dried cannabis – packaged cannabis for sale

Poor health

Wei

Cultivation by enhanced indoor means

 

Sched:

Deemed supply

Consume electricity w/o authority

135 plantsPG (25%)nil

3y 6m
NPP 2y

AA
2y 7m
NPP 1y 6m

Looking after 135 plants in home –trying to raise money to purchase ticket to return to Malaysia.

Illegal immigrant - A no more than gardener and lodger used as pawn by those who stood to profit from the venture – A's continuous presence in house exposed him to substantial risk of detection, not commensurate with meagre income A received – limited English, immigration status and poor financial circumstances made A prey to exploitation.

Sentence judge failed to take into account discount for guilty plea.

Mesterovic

[2016] NSWCCA 140

Cultivation by enhanced indoor means23 plants​VG​Nil2y GBB​​AD
​Drove co-offender to premises knowing co-offender there for purpose connected with cultivation

Good character – good prospects of rehabilitation

No basis for finding no conviction should have been recorded