Page 3921 - Week 11 - Wednesday, 25 September 2019
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(b) the cannabis plant is cultivated in an area lawfully accessible to a member of the public.
Maximum penalty: 50 penalty units, imprisonment for 2 years or both.
171AAC Storage of cannabis
(1) A person commits an offence if the person—
(a) possesses harvested cannabis; and
(b) does not store the cannabis out of reach of children.
Maximum penalty: 50 penalty units, imprisonment for 2 years or both.
(2) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to ensure that a child could not access the cannabis.
Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
7
Clause 7
Proposed new section 171A (7), definition of simple cannabis offence, paragraph (a)
Page 4, line 19—
omit
of 1 to 4
substitute
of 1 or 2
8
Clause 7
Proposed new section 171A (7), definition of simple cannabis offence, paragraph (b)
Page 4, line 23—
omit paragraph (b), substitute
(b) an offence against section 171AA (1).
9
Clause 8
Proposed new section 171AB (2) (b)
Page 5, line 9—
omit proposed new section 171AB (2) (b), substitute
(b) a child is exposed to smoke or vapour from the cannabis the person is smoking.
10
Clause 8
Proposed new section 171AB (2A)
Page 5, line 10—
insert
(2A) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the defendant—
(a) took all reasonable steps to ensure that the child was not exposed to the smoke or vapour; or
(b) believed on reasonable grounds that the child was 18 years old or older.
Note The defendant has a legal burden in relation to the matters mentioned in s (2A) (see Criminal Code, s 59).
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