Prohibited plants

Offences involving prohibited plants


It is an offence to:

  • cultivate
  • knowingly take part in the cultivation of
  • possess
  • supply

a prohibited plant.

What is included?







Defences to cultivation


Hydroponic cultivation

It is an offence to participate in the ‘cultivation by enhanced indoor means’  of cannabis plants. The offence requires the cultivation to be:

  • inside a building or structure and

Where the number of plants involved is more than 5, the maximum penalties are significantly higher than for an equivalent number of plants cultivated outdoors. 

For cases involving between 5 and 50 plants cultivated by enhanced indoor means, the prosecution must also prove the cultivation was for a ‘commercial purpose’. ‘Commercial purpose’ means intending to sell or believing that another person intended to sell the product. For cases involving 50 or more plants cultivated by enhanced indoor means, the prosecution does not need to prove a commercial purpose. 

Exposing a child to indoor cultivation

It is an offence to cultivate ‘a plant’ (note the singular) by enhanced indoor means and ‘expose a child’ to the cultivation process or to substances stored for use in cultivation. The penalties are substantial, with heavy fines and imprisonment possible even for one to four plants.

It is a defence if the defendant can prove that the exposure did not endanger the health and safety of the child. For these purposes, a child is defined as a person under 16.