The broadcast of Spain’s famous cycling event, La Vuelta, has unwittingly sparked a police investigation after birds-eye-view footage of the event allegedly revealed a marijuana plantation on the rooftop of a nearby building.
It is reported that viewers spotted the alleged plantation and reported it via social media.
The search resulted in the seizure of 40 plants.
However, as the rooftop building is not connected to any apartments, the police have been unable to make any arrests as yet.
Spain has legalised the cultivation of cannabis for personal use. However, growing the drug for commercial purposes remains a crime.
Cannabis possession – NSW
In NSW, possession of marijuana remains a criminal offence, pursuant to section 23(c) of the Drug Misuse and Trafficking Act 1985 (DMTA).
In order to be held criminally liable for this offence, the prosecution must prove beyond reasonable doubt that an individual:
- Had a prohibited drug in their possession; and
- They knew the prohibited drug was in their possession or believed the substance in their possession was likely to be a prohibited drug.
There are two different kinds of possession recognised by the law: physical possession and de facto possession.
As the term implies, physical possession is when the drug is physically in your custody. De facto possession is when the drug is not physically in your custody, but you have control of the drug.
Supply of a prohibited drug
A person who supplies (or who knowingly takes part in the supply) of a prohibited drug is guilty of an offence, pursuant to section 23(b) of the DMTA.
If you have been caught in possession of a small quantity of cannabis (15 grams or less) you may be eligible to receive a caution under the Cannabis Caution Scheme.
A caution is essentially a warning.
There are a number of factors that a police officer will take into account when determining whether you are eligible to receive a cannabis caution.
You can read more about the Cannabis Cautioning Scheme here.
Charged with a drug offence?
If you have been charged with a drug offence, or any other criminal matter, contact Hamilton Janke Lawyers 24/7 on 4038 1666.