(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or (b) in any other case, to level 4 imprisonment (15 years maximum). S. 72C 72C Defence to prosecution for offences involving inserted by cultivation No. 61/2001 s. 6, It is a good defence to a prosecution for an amended by No. 2/2016 offence against section 72, 72A, 72B or 72D(2) s. 11. involving the cultivation of a narcotic plant if the person charged with the offence adduces evidence which satisfies the court on the balance of probabilities that, having regard to all the circumstances (including his or her conduct) in which the matter alleged to constitute the offence arose or preparatory to the alleged commission of the offence, he or she did not know or suspect and could not reasonably have been expected to have known or suspected that the narcotic plant was a narcotic plant. S. 72D 72D Permitting use of premises for trafficking or inserted by cultivation of drug of dependence No. 2/2016 s. 12. (1) An owner or occupier of land or premises who, S. 72D(1) amended by without being authorised by or licensed under No. 20/2016 this Act or the regulations or the Access to s. 132. Medicinal Cannabis Act 2016 or the regulations under that Act to do so, intentionally permits another person to use that land or those premises for trafficking in a drug of dependence is guilty of
(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or (b) in any other case, to level 4 imprisonment (15 years maximum). S. 72C inserted by No. 61/2001 s. 6, amended by No. 2/2016 s. 11. 72C Defence to prosecution for offences involving cultivation It is a good defence to a prosecution for an offence against section 72, 72A, 72B or 72D(2) involving the cultivation of a narcotic plant if the person charged with the offence adduces evidence which satisfies the court on the balance of probabilities that, having regard to all the circumstances (including his or her conduct) in which the matter alleged to constitute the offence arose or preparatory to the alleged commission of the offence, he or she did not know or suspect and could not reasonably have been expected to have known or suspected that the narcotic plant was a narcotic plant. S. 72D inserted by No. 2/2016 s. 12. 72D Permitting use of premises for trafficking or cultivation of drug of dependence S. 72D(1) amended by No. 20/2016 s. 132. (1) An owner or occupier of land or premises who, without being authorised by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so, intentionally permits another person to use that land or those premises for trafficking in a drug of dependence is guilty of