What is ‘organising a drug premises’?

This is a broad offence that captures a range of activity such as acting as a door attendant or guard who keeps watch for police or other persons, to acting in the systematic operations of keeping any drug premises (eg. building, aircraft, vessel, place). 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:

  • the unlawful supply or manufacture of prohibited drugs, or
  • 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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