Penalties for Cultivation

"The provisions of Section 285 articulate the merits of a totally new offence, Unauthorised cultivation of plants containing a narcotic or psychotropic substance, which concerns the growing of plants and mushrooms containing narcotic and psychotropic substances for personal use. These provisions also differentiate between cannabis growers and the growers of other plants and mushrooms containing narcotic and psychotropic substances, but only if such an offence was committed to a small extent. The new Penal Code no longer makes a distinction between the growers of cannabis and other plants containing narcotic and psychotropic substances if the offence involves cultivation to a significant and substantial extent. The cultivation of cannabis in a quantity greater than small carries a sentence of imprisonment for a term of up to six months, while the grower of a plant or mushroom containing a narcotic or psychotropic substance in a quantity greater than small may be punished by a prison term of up to one year. The cultivation of plants or mushrooms containing a narcotic or psychotropic substance on a significant scale is punishable by imprisonment for up to three years, and the same offence committed on a substantial scale carries a prison sentence ranging from six months to five years. It should be noted that until 31 December 2009 cannabis growing was classified as an offence or attempted offence specified by the stipulations of Section 187 of the old Penal Code, with the general punishment range of 1 to 5 years’ imprisonment.
"The possession of a narcotic or psychotropic substance in a small quantity and the cultivation of plants and mushrooms containing a small quantity of narcotic or psychotropic substances are sanctioned as misdemeanours – for more details see Section Changes in the Misdemeanour Act (p. 9)."