Section 23 - Drug Misuse and Trafficking Act 1985 - Offences with respect to prohibited plants

23Offences with respect to prohibited plants

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23 Offences with respect to prohibited plants

(1) A person who—

(a) cultivates, or knowingly takes part in the cultivation of, a prohibited plant,

(b) supplies, or knowingly takes part in the supply of, a prohibited plant, or

(c) has a prohibited plant in his or her possession,

is guilty of an offence.

(1A) A person who—

(a) cultivates by enhanced indoor means, or knowingly takes 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,

is guilty of an offence.

(1B) If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the small quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(1C) If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the person cultivated, or knowingly took part in the cultivation of, a prohibited plant for a commercial purpose, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(2) A person who—

(a) cultivates, or knowingly takes part in the cultivation of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants,

(b) supplies, or knowingly takes part in the supply of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants, or

(c) has a number of prohibited plants in his or her possession which is not less than the commercial quantity applicable to prohibited plants,