Misuse of Drugs Act 1975, s 9; s 2(1), definition of “cultivate”
The maximum penalty for growing cannabis (“cultivating” it) or any other illegal plant is seven years’ jail. This includes sowing or planting cannabis.
Case: [1999] 3 NZLR 62 (CA)
The type and level of sentence you get in your particular case will depend on how much you’re growing and whether or not you’re dealing:
“Minor”: Mainly personal use – if you’re growing a small number of plants for your personal use only, you’ll almost always just get a fine or a community-based sentence like community work. If you’ve given – not sold – some of the cannabis to others, the fine is likely to be more. In more serious cases at this level, or for repeat offending, you could get a short term of home detention or jail.
“Moderate”: Small commercial operations – if you’re growing cannabis as a commercial operation, but only on a small scale, the starting point for sentencing will usually be two to four years’ jail. However, the starting point might be under two years if the amounts are very small or the sales are very infrequent.
“Serious”: Large-scale commercial growing – if it’s large-scale commercial growing, with annual revenues in the hundreds of thousands of dollars, and with a sophisticated, well-organised operation, the starting point is likely to be four or more years’ jail.
Note: The “starting point” means the level of sentence the judge initially decides on based simply on how bad the offending was, before looking at you and your situation to decide whether your sentence should have any “uplifts” for aggravating features (like previous offending) or “discounts” for mitigating features (like a guilty plea). See “How criminal sentencing works” at the start of this chapter.