Section 23A - Drug Misuse and Trafficking Act 1985 - Offences with respect to enhanced indoor cultivation of prohibited plants in presence of children

23AOffences with respect to enhanced indoor cultivation of prohibited plants in presence of children

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23A Offences with respect to enhanced indoor cultivation of prohibited plants in presence of children

(1) A person who—

(a) cultivates, or knowingly takes part in the cultivation of, a prohibited plant by enhanced indoor means, and

(b) exposes a child to that cultivation process, or to substances being stored for use in that cultivation process,

is guilty of an offence.

(2) A person who—

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

(b) exposes a child to that cultivation process, or to substances being stored for use in that cultivation process,

is guilty of an offence.

(3) 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, and

(c) exposes a child to that cultivation process, or to substances being stored for use in that cultivation process,

is guilty of an offence.

(4) If, on the trial of a person for an offence under subsection (2), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of—

(a) an offence under subsection (3), if the jury is satisfied that the person contravened subsection (3), or

(b) an offence under subsection (1), if the jury is not satisfied that the person contravened subsection (3), but is satisfied that the person contravened subsection (1),