9 Cultivation of prohibited plants

(1)

Except pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall cultivate any prohibited plant.

(2)

Subject to subsection (4), every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction to imprisonment for a term not exceeding 7 years.

(3)

[Repealed]

(4)

It shall be a defence to a charge under subsection (1) if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum, and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced.

Compare: 1965 No 45 s 5(1)(c), (2), (5)

Section 9(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9(3): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).