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Life imprisonment for traffickers


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THE maximum penalty for cultivating or trafficking a large commercial quantity of cannabis is life imprisonment.

 

Offenders also can be fined up to $525,000 and have their homes seized.

Changes to the law in 2002 introduced the concept of a large commercial quantity, which was set at more than 1000 plants, or 250kg.

 

Anyone caught with more than 100 plants or 25kg of plant material can be charged with cultivation or trafficking of a commercial quantity.

 

The maximum penalty for trafficking or cultivation of a commercial quantity is 25 years' jail.

 

Houses used for growing large commercial quantities are automatically forfeited under the Confiscation Act if they are owned by the offender.

 

Confiscation laws were recently amended to address the fact that many hydroponic crops are grown in rented premises by allowing for substituted forfeiture.

 

Offenders who rent premises for the purpose of growing a commercial crop can now have their own home confiscated if convicted.

 

Police and lawyers said sentences imposed by the courts for commercial crops usually fell a long way short of the penalties available, but automatic forfeiture of property was a major concern for offenders.

 

Penalties for cultivation of less than a commercial quantity (100 plants) depend on whether the court believes the plants were being grown for personal use or trafficking.

 

The maximum for personal use is one year's imprisonment or a $2000 fine or both, but if it is found to be related to trafficking, the maximum penalty is 15 years.

 

The number of prosecutions for commercial quantities of cannabis by the Office of Public Prosecutions in Melbourne courts has soared in recent years.

 

There were only 17 commercial cannabis cases in 2001, but the figure jumped to 30 the following year, 56 in 2003 and more than 130 last year.

 

Author:Geoff Wilkinson

Date:June 13, 2005

Source:news.com.au

Copyright:Copyright 2005 News Limited

 

:blink:

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Hmm.... O.K. so the rules are anarchanistic. What can we do and who do we blame? Do we blame the masses of human's who infest the planet or do we blame our government's? I think the only choose we have is to DEMAND our benign and extemely beneficial plant (see http://www.jackherer.com/chapters.html) become, agian, the most gown commercial crop on this planet! Go cannabis, GO!

 

Please respond with passion and direction.

 

:peace: Kimba (:

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ACT Overhauls Cannabis Laws

The ACT Government will introduce laws to reduce the number of cannabis plants that constitute a 'simple cannabis offence', introduce new drug offences, and increase maximum penalties for serious drug offences.

 

The Criminal Code (Serious Drug Offences) Amendment Bill will insert new chapter 6 in the Criminal Code and make consequential amendments to the Drugs of Dependence Act 1989 to give the ACT a modern and uniform regime of offences to deal more effectively with serious drug crime in the ACT and foster more effective drug detection and enforcement throughout Australia.

 

"There are current anomalies in the law in how we deal with the trade in illicit drugs. An example of this is that the current Drugs of Dependence Act 1989 allows for a current maximum penalty of life imprisonment for cultivating a commercial crop of cannabis but only a 10 year maximum for manufacturing amphetamines in any quantity," Chief Minister and Attorney General, Jon Stanhope, said.

 

The main amendments covered by the Criminal Code (Serious Drug Offences) Amendment Bill are to:

 

* reduce the number of cannabis plants from five to two under the 'simple cannabis offence notice scheme' (SCONS);

 

* exclude hydroponically grown cannabis plants from the SCONS; and

 

* cover illicit drug trafficking activities such as preparing and packaging; transporting; guarding; and concealing.

 

Maximum penalties will also increase, so that where manufacturing is done with commercial intent the maximum penalty will increase from 10 years to life for a large commercial quantity, 25 years for a commercial quantity and 15 years for any quantity. For trafficking in or cultivating less than a trafficable quantity of a controlled drug or plant other than cannabis the maximum penalty will increase from five years to 10 years.

 

For cultivating cannabis (with commercial intent) the maximum penalty increases from 10 to 25 years for a commercial quantity, five to 10 years for a trafficable quantity and two to three years for any quantity.

 

The Bill will also introduce new offences such as:

 

* receiving money or property derived from a drug offence;

 

* concealing, transferring, converting or removing money or property from the ACT that has been derived from a drug offence;

 

* possessing equipment, substances and instructions with the intention of manufacturing or cultivating controlled drugs or plants;

 

* supplying others with such equipment and instructions etc so that they may manufacture or cultivate controlled drugs and plants;

 

* procuring a child to traffic in drugs (25 years imprisonment);

 

* supplying drugs to a child for the child to sell (25 years imprisonment); and

 

* a range of offences to deal with those who manufacture, sell or possess controlled precursors (ingredients) to manufacture controlled drugs.

 

 

 

This Bill will also amend the Bail Act 1992 to substitute the DDA offences with chapter 6 offences for which a presumption against bail will apply and neutral presumption applies. Effectively, these amendments will apply a presumption against bail for all the chapter 6 offences that concern a "large commercial quantity' of substances and plants and apply a maximum penalty of life imprisonment.

 

The Chief Minister said he had accepted advice from the Australian Federal Police that criminal syndicates are engaging individuals to each grow to their five plant limit and subsequently sell the combined produce on the black market.

 

"This is a disturbing trend that must be countered. The Australian Federal Police have advised me that there is evidence that this has been occurring in South Australia and that certain groups may be intending to commence similar operations in the ACT.

 

"The Australian Federal Police have advised me that a daily user of cannabis consumes about 35 grams of cannabis per month. The Australian Federal Police have also advised that in May this year it executed a search warrant on a residence and seized over 25 kilograms of cannabis with an estimated street value of $125,000 from a sophisticated hydroponics set-up of five cannabis plants.

 

"These changes are important for the ACT to participate in a national approach to introducing uniform serious drug laws," Mr Stanhope said.

 

 

" closed publication " that doesn't wish mentioning

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ACT Drug Laws Restrict "Personal Use" Defence

Changes to the ACT's drug laws will cut back a scheme allowing individuals to claim small amounts of cannabis for personal use without being charged, as well as imposing heavy penalties for the commercial manufacture of drugs.

 

The Criminal Code (Serious Drug Offence) Act 2004 , which comes into force this Sunday, cuts the number of cannabis plants an individual can grow for personal use under the Simple Cannabis Notification Scheme from five to two. The scheme also currently allows a person to possess up to 25gms of dried cannabis without charge.

 

ACT Chief Minister and Attorney General Jon Stanhope said the changes came in response to recent evidence that some organised criminals were exploiting the scheme. He claimed the evidence indicated that criminals were organising a large number of individuals to grow five plants each, then combining the harvest.

 

Hydroponically-grown cannabis, which will now be excluded from the scheme, can yield up to five crops a year, each plant producing up to 4kg of the drug in that time.

 

The new laws will also cover 'precursors', the raw chemical components of illegal drugs. Often widely available in common remedies stocked by supermarkets or pharmacies, the substances can be converted into illegal drugs in backyard laboratories. A range of new offences will now target this activity, which is mainly responsible for the production of amphetamines.

 

The reforms also significantly increase penalties for commercial-scale drug offences. For a large commercial quantity of cannabis - 125kg or more - the maximum penalty is now life.

 

"Drug law cannot be static. It must adapt to changes in criminal behaviour. And it should target the real villains - the people who profit from the drug trade," Mr Stanhope said.

 

3 March, 2005

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ACT Chief Minister and Attorney General Jon Stanhope said the changes came in response to recent evidence that some organised criminals were exploiting the scheme. He claimed the evidence indicated that criminals were organising a large number of individuals to grow five plants each, then combining the harvest.

 

Hydroponically-grown cannabis, which will now be excluded from the scheme, can yield up to five crops a year, each plant producing up to 4kg of the drug in that time.

Ok, so now we have a hydro plant that can produce 4kg of mj in under 3 months, would I love to find which strain he's talking about but personally I think the only strain he knows anything about is the one he gets from pulling his dick too much, some people should just learn to keep their stupid mouths shut.

 

:peace:

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Ok, so now we have a hydro plant that can produce 4kg of mj in under 3 months, would I love to find which strain he's talking about but personally I think the only strain he knows anything about is the one he gets from pulling his dick too much, some people should just learn to keep their stupid mouths shut.

 

:P

::peace:: You been hanging around me too much!! :D

Anyway, if anyone knows of this awesome strain, I'd love to have it in my GR muhahahaha :P

I love how government/leo people have absolutley sweet fuckall knowledge of MJ, how it grows and what it's actually capable of producing........ As long as it sounds 'impressive' is all they give a shit about. Can't fool us stoners though B) :D

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At least in the ACT they can grow two plants outdoors for personal use.

You have much better chance of getting a female if you can grow two plants.

Most states have made it only one plant.

Get a male and that would ruin your growing season for sure.

 

How stupid was the law when you could only get ten years for amphetimes and life for cannabis. That just didnt make sense at all!

 

Still Australia is making cannabis use more and more criminal all the time. What are HEMP and NORML doing?

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