Page 3920 - Week 11 - Wednesday, 25 September 2019

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Maximum penalty: 1 penalty unit.

(2) A person commits an offence if the person possesses—

(a) more than 50g of dried cannabis; or

(b) more than 150g of cannabis that has been harvested and—

(i) is not dried cannabis; or

(ii) is a mixture of dried cannabis and cannabis that is not dried cannabis.

Maximum penalty: 50 penalty units, imprisonment for 2 years or both.

(3) Subsection (1) does not apply if the person—

(a) is 18 years old or older; and

(b) possesses the cannabis in the ACT.

(4) Subsections (1) and (2) do not apply if the person is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008, or another territory law, to possess the cannabis.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).

(5) In this section:

dried cannabis means cannabis that has been subjected to a drying process.

Clause 6

Proposed new sections 171AAA to 171AAC

Page 4, line 14—

insert

171AAA Cultivation of more than 4 cannabis plants at premises

(1) A person commits an offence if—

(a) the person cultivates a cannabis plant at premises; and

(b) more than 4 cannabis plants are being cultivated at the premises.

Maximum penalty: 50 penalty units, imprisonment for 2 years or both.

(2) Strict liability applies to subsection (1) (b).

(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant—

(a) lived at the premises when cultivating the cannabis; and

(b) was not aware, and could not reasonably have been expected to be aware, that more than 4 cannabis plants were being cultivated at the premises.

Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).

171AAB Cannabis plant cultivation—other offences

(1) A person commits an offence if—

(a) the person cultivates a cannabis plant; and

(b) the cannabis plant is cultivated at a place other than where the person lives.

Maximum penalty: 50 penalty units, imprisonment for 2 years or both.

(2) A person commits an offence if—

(a) the person cultivates a cannabis plant; and

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