Cannabis Offences and Penalties in the Northern Territory (NT)

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Although it has become legal to grow Cannabis in some parts of Australia, the various States and Territories put some forms of regulations to the use of Cannabis.

For most cases, you must obtain a license before growing or administering even the least quantities of Cannabis.

Cannabis offences depend on the quantity of Cannabis the accused person was caught with at the time. An accused person found guilty of dealing with large, commercial quantities of Cannabis is guilty of an indictable offence that incurs severe penalty, especially in imprisonment.

If an individual is convicted in a Northern Territory court for a cannabis offence, the offence will show up as a disclosable court outcome (DCO) on an NT Criminal History Check certificate.

What is Cannabis under NT laws?

For this section, Cannabis is defined as any oil, seeds, resin, or other extracts from the Cannabis plant. Schedule 2 of the Misuse of Drugs Act 1990 (NT) lists Cannabis as illegal or dangerous other than schedule 1 drugs considered the most harmful of all substances.

The only permissible way to use Cannabis is for medicinal purposes and obtained with a license.

The Misuse of Drugs Act 1990 (NT) guides the definitions and prescriptions of drug offences and misuse.

Drug (Cannabis) Offences

There are various drug offences as prescribed by the Misuse of Drugs Act 1990 (NT). The severity of the offence and penalty depends on the quantity of the drug the person is trafficking.

The offence of supplying a prohibited substance

It is an offence to intentionally partake or affect the supply of Cannabis or any other prescribed drug. If the accused person is guilty of supplying a commercial quantity, it is an offence that carries;

• 14 years imprisonment

If the supply was less than the commercial quantity, it is an offence that carries;

• 500 penalty units, and/or
• Five years imprisonment

This offence aggravates this offence if the accused person supplies Cannabis to a child. The adult is guilty of this offence if they knowingly or through reckless action supply the drug in commercial quantities.

The supply of Cannabis to a child is an offence that incurs 25 years imprisonment for large commercial quantities. If the supply was less than a commercial quantity, section 5C of the Act imposes a 14 years imprisonment term.

Cultivating and Manufacture of Prohibited Plant

Section 6 of the Misuse of Drugs Act 1990 (NT) makes it offensive for a person to cultivate or participate in any of these actions intentionally. It includes all prohibited plants and substances or where a person was reckless about the Act.

It is an offence of aggravation that the person cultivates the substance in large commercial quantities. Such offences incur imprisonment of up to 25 years.

If the accused person cultivates or manufactures a trafficable quantity, it carries up to 7 years imprisonment.

If the accused person is guilty of cultivating less than the trafficable quantity, it is an offence that incurs 200 penalty units and/or two years imprisonment

Cultivation in the presence of a Child

It aggravates the offence if the person cultivates or participates in such actions in the presence of a child. It incurs a penalty of;

• Life imprisonment for large commercial quantities,
• Ten years imprisonment for trafficable quantity

Manufacturing of Cannabis

It is a severe offence to partake or manufacture Cannabis in any form. The court will impose penalties of up to 25 years imprisonment if the person manufactured the drug in large commercial quantities.

However, the penalty is 14 years imprisonment if the accused person manufactures less than the commercial quantity.

Offence in the presence of a child

It is aggravating to the offence that the accused person manufactured the drug in the presence of a child. It includes all cases where the person manufactures or takes part in the substance,

Manufactures a commercial or trafficable quantity of the cannabis plant. It is an offence that incurs imprisonment for 25 years.

Possession of Cannabis

It is an offence to intentionally or to possess a substance or prohibited drug through other means. Section 7 of the Act defines an offence of possession where;

The person was reckless or intentional in possessing the substance; The offence incurs a 14 years imprisonment term for possession in large commercial quantity.

Possession of Trafficable quantity of Cannabis

It is an offence to intentionally possess a prohibited substance where the person was reckless to the Act. Such magnitude of drug offence incurs 500 penalty units and a five years imprisonment term depending on the offence.

If the drug quantity is less than a trafficable amount of the drug, the punishment is a 50-penalty unit in fines.

Possession of such drug in a public space –

It is a serious offence to be found in possession of a drug in a public space. It includes where the accused person was reckless or intentional about moving about with the drug. Section 7c of the Misuse of Drugs Act 1990 (NT) prescribes imprisonment of 7 years for such offence.

For where the candidate possesses less than a trafficable quantity of the drug, it incurs penalty of;

• 200 penalty units, or
• Two years imprisonment.

Other possession offences

Under the possession definition, it is also an offence to be found with proceeds of a drug offence. It includes where the accused person is a legal caretaker or signatory to such property.

For this section, it is immaterial that the property was from the direct/indirect proceeds of the plant. It is an offence that incurs a penalty of 25 years imprisonment.

Possessing precursors

A precursor is any material or instrument used to manufacture or process a prohibited substance. It is an offence that attracts up to 7 years imprisonment.

Possessing documents that contain instruction for manufacturing a precursor

It is an offence to possess or publish a document that supports or provides information dealing with a prohibited substance.

It does not matter if the accused person intentionally possessed or implemented the document. It is an offence that incurs imprisonment for seven years.

Wrapping Up

The bottom line remains that the NT has stern regulations against drug offences. However, the final decision of a drug offence depends on how the court handles the matter.

Will a Cannabis Offence show up on a Nationally Coordinated Criminal History Check?

If an individual is found guilty of a cannabis offence, the offence will show up as a disclosable court outcome (DCO) on the results of their Nationally Coordinated Criminal History Check.

Individuals can obtain a police check online via the Australian National Character Check - ANCC® website.

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