What is ‘allowing use of premises as a drug premises’?

This is where an owner or occupier of any premises (eg. building, aircraft, vessel, place) knowingly allows the premises to be used for the supply or manufacture of drugs. It is not necessary that drugs are located on the premises or on the person charged.

The term, ‘drug premises’ is defined in s 36TA of the Act as:

  1. the unlawful supply or manufacture of prohibited drugs, or
  2. the unlawful commercial cultivation of prohibited plants by enhanced indoor means.

Commercial cultivation is defined as:

  • > 50 cannabis plants; or
  • At least 5 but < 50 cannabis plants if supply is intended.

A “prohibited drug” for the purpose of this offence does not include cannabis leaf, oil or resin.

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