Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 304 - Selling controlled plants  

SECTION 304.2   Selling marketable quantities of controlled plants  

(1)  
A person commits an offence if:


(a) the person sells a plant; and


(b) the plant is a controlled plant; and


(c) the quantity sold is a marketable quantity.

Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.

(2)  
The fault element for paragraph (1)(b) is recklessness.

(3)  
Absolute liability applies to paragraph (1)(c).

Note:

Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).




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