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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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What will i be find for importing 10 marijuana seeds, qld,

Customer Question

what will i be find for importing 10 marijuana seeds
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: qld
JA: Have you talked to a lawyer yet?
Customer: no will i be jailed i am going to yell costoms
JA: Anything else you think the lawyer should know?
Customer: no do you think i will be jailed
Submitted: 4 months ago.
Category: Australia Law
Expert:  kmslaw replied 4 months ago.

Hello my name is ***** ***** I am a solicitor in NSW who will help with your inquiry today. I will just look this up for you to let you know what is likely to occur. I'll be back in a few moments.

Expert:  kmslaw replied 4 months ago.

As you don't appear to be online at the moment, I can only assume that you are not a doctor and that you have not got an authority from the Therapeutic Goods Administration of the Commonwealth Government to import the marijuana for medicinal purposes. If I am wrong about these assumptions, please let me know.

Unfortunately the maximum sentence in Queensland for trafficking in marijuana (cannabis) is 20 years imprisonment, however that is the maximum and in reality it's unlikely that such a small amount would result in a penalty that high. Indeed it may not even result in a prison sentence, but the important thing to note is that is has the potential to do so.

Remember also that the Crown would need to prove that you were trafficking in the cannabis, that is, that you were dealing or trading in it. Let me just have a look at some of the latest cases to give you a better picture of what kind of sentence might be more likely. I'll be back in a second.

Expert:  kmslaw replied 4 months ago.

Oh and another thing to consider is that often if you enter an early plea, which means that you confess early to police, then you can seek a discount on your sentence due to having confessed early.

Expert:  kmslaw replied 4 months ago.

In Victoria in the case of Haddara v The Queen [2016] VSCA 168, recently the Victorian Court of Appeal a discount was given to someone who trafficked in ice and cannabis because of an early plea. The person was given 2 years with a non-parole period of 14 months.

However it seems you are probably going to be exposed only to a lesser sentence if all you have done is that you have it now in your possession because I'm guessing that 10 seeds would not weigh 500 grams and it's only when it weighs more than that that a 20 year sentence for possession will apply. It is 15 years maximum penalty for possession of the seeds if they weigh less than or equal to 500 grams.

Let me keep checking these cases for you.

Expert:  kmslaw replied 4 months ago.

Okay it would be worth it for you to read the case of R v Gordon which was heard by the Queensland Court of Appeal in Brisbane and judgment delivered in February this year. It demonstrates the principles that the Court will apply in your case. For example if you have prior convictions, you will get a higher sentence. If you have never imported the seeds before and you are younger in age there is likely going to be a lesser sentence. Have a look at that case and you will get a better understanding of what you are facing. Just bear in mind that that defendant was given 8 years imprisonment for trafficking cannabis and he had been doing it for 5 years. There will also be cases about possession but without further detail from you it's hard to know what to focus on in the cases.

I hope that helps you today. Please rate my answer highly if you are satisfied with this information.