Offences concerned with prohibited plants generally (Cannabis plant possession)

Welcome to the WA Offences concerned with prohibited plants generally (Cannabis plant possession) article page. Everything you need to know about Offences concerned with prohibited plants generally (Cannabis plant possession) according to WA Law.

What the Law states according to WA Law for Offences concerned with prohibited plants generally (Cannabis plant possession)

According to WA Law for the charge of Offences concerned with prohibited plants generally (Cannabis plant possession),

Section 7(2) of the Misuse of Drugs Act: A person who has in his possession or cultivates a prohibited plant, commits a simple offence (unless authorised under the Poisons Act 1964 or the Industrial Hemp Act 2004).

“Possession” includes control or dominion over and to have the order or disposition of the thing.

The Maximum Penalty – Offences concerned with prohibited plants generally (Cannabis plant possession)

According to WA Law for the charge of Offences concerned with prohibited plants generally (Cannabis plant possession),

The maximum penalty for possession of prohibited plants (less than 10 plants) is a fine of $2,000 or up to 2 years imprisonment, or both.

What the Police must prove according to WA Law for Offences concerned with prohibited plants generally (Cannabis plant possession)

That the plants in the accused’s possession are prohibited plants;
That the accused was aware that the plants were in their possession; and
That the accused had some form of claim or control over the plants.

Possible Defences under WA Law – Offences concerned with prohibited plants generally (Cannabis plant possession)

(a)    The prohibited plants were not in the accused’s possession;
(b)    The accused had no knowledge of the plants;
(c)    Mistake of fact;
(d)    Duress; and
(e)    Lawful Authority

In WA which court will hear the matter – Offences concerned with prohibited plants generally (Cannabis plant possession)

The matter would be heard in the Magistrates Court.