>[!info] >[Section 72 Drugs, Poisons and Controlled Substances Act](http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/dpacsa1981422/s72.html "Section 72 Drugs, Poisons and Controlled Substances Act") - A **person**, without being authorized or licensed under this Act; **[[cultivate|cultivates]]** or **attempts** to cultivate a **narcotic plant** in a quantity of a Drug of Dependence, being a narcotic plant, that is **not less** than the **[[Large Commercial Quantity]]** applicable to the narcotic planet. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#19338.htm "Charge Book - Cultivation of Narcotic Plants") relating to this matter. # Example A crop house is searched where 300 cannabis plants ([[large commercial quantity]]) are found, providing prima facie evidence of the cultivation of narcotic plants. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence #iots heard at the Magistrates' Court. # Defences A person may be authorised or licensed under the Drugs, Poisons and Controlled Substances Act or the Access to Medical Cannabis Act 2016. A **lack of knowledge** defence can be used, e.g. on the balance of probabilities the accused did not know what kind of plant it was. # Points of Proof 1. Identity 2. Intentional Act of Cultivation 3. Narcotic Plant