In the UK, the law on growing cannabis is strict. If you are caught growing or cultivating cannabis, you could be subject to a criminal investigation, which may result in heavy penalties being brought forward.
Here, we discuss what it means to cultivate cannabis, what the potential penalties are if you are caught by the police, and what actions they can take when conducting an investigation.
What is the cultivation of cannabis?
The cultivation of cannabis is a criminal offence under section 6(2) of the Misuse of Drugs act 1971. It refers to the process of caring for cannabis plants, which includes nurturing, feeding and watering them.
Is cultivation of cannabis the same as production of a controlled drug?
Production of a controlled drug refers to the manufacture, cultivation or other method of producing a controlled drug (a drug that is restricted by law). ‘Any other method’ can have a number of meanings, including converting a drug into a different form for consumption.
To be convicted of production of a controlled drug, it must be proven that:
- The controlled drug was being produced
- The suspect involved was involved in the production
- They were aware that the controlled drug was being produced
While cannabis cultivation falls under the umbrella of a production of controlled drugs offence, it also is a stand-alone offence. It is not possible to be charged with both cultivation and production of a controlled drug.
This is because production of a controlled substance falls under the Proceeds of Crime Act (PoCA) 2002 as ‘lifestyle’ offence. This means that the court can take action to recover money and property where the suspect has financially benefited from their criminal conduct.
When deciding whether to bring forward a charge of cultivation of cannabis or production of a controlled drug, the prosecution takes various factors into consideration. For example, where they find that there is evidence that cannabis is being cultivated on a large scale for commercial supply, a charge for production of a controlled drug may be considered more appropriate.
What happens if the police find a cannabis plant in your home?
If the police find that you are cultivating cannabis at your home, they will have the authority to arrest you and charge you with cannabis cultivation (or production of controlled drugs, depending on the circumstances).
What are the sentences for the cultivation of cannabis?
Cannabis cultivation is triable either way, which means that the sentence for growing cannabis will depend on whether a case is heard in the Magistrates’ Court or the Crown Court. In the Magistrates’ Court maximum sentences are limited, while in the Crown Court, maximum sentences are often unlimited.
The respective penalty that is applied for the cultivation of cannabis depends on the individual circumstances of the case. The offence range for cultivation of cannabis is:
Offence Range: Discharge – 10 years' imprisonment
Maximum: 14 years' imprisonment and/or unlimited fine
When deciding on the exact sentence that you receive for cultivation of cannabis, the court will take the following into account:
- The offender’s culpability – this is where someone is deemed to have taken a leading role, significant role or lesser role
- The harm caused – based on the class and quantity of the drug involved
Culpability
A person’s culpability for cannabis cultivation is separated into three levels of culpability. These are:
- Leading role
- Significant role
- Lesser role
If someone plays a leading role in cannabis cultivation, they are considered to have:
- Directed or organised the production on a commercial scale
- Significant links or influence on others in a supply chain
- Used business as a cover
- Expectation of substantial financial gain
- Abused a position of trust or responsibility
If someone plays a significant role in cannabis cultivation, they are considered to have:
- An operational or management function within a chain
- Used pressure, influence, imitation or reward to involve others
- Been motivated by financial gain or another advantage
- Had some awareness of the scale of the operation
If someone plays a lesser role in cannabis cultivation, they are considered to have:
- Been under direction and having a limited function
- Been pressured, coerced or intimidated
- Been exploited or involved through naivety
- Had little to no influence on those above them in the chain
- Had little to no awareness of the scale of the operation
Harm
The relative level of harm caused by cannabis cultivation is split into four categories, depending on the quantity of drugs involved.
Offences involving cannabis cultivation will fall into four categories:
Category 1 – operation capable of producing industrial quantities for commercial use.
Category 2 - operation capable of producing significant quantities for commercial use.
Category 3 – 28 plants (assumed yield of 40g per plant).
Category 4 – 9 plants (assumed yield of 40g per plant).
Are there any mitigating or aggravating factors for growing cannabis in the UK?
There are a wide range of both aggravating and mitigating factors which could influence the final sentence if someone is convicted of cannabis cultivation.
Examples of aggravating factors which could increase the penalty someone is facing for cannabis cultivation include:
- Previous convictions
- Committing the offence while on bail
- The scale of the operation
- Involving children or vulnerable people
- Using weapons, where not charged separately
Examples of mitigating factors which could decrease the sentence on offer include:
- Being pressured, intimidated or coerced
- No previous convictions
- Feelings of remorse
- Having serious medical conditions
- Being the primary carer for dependant relatives
Can you grow a cannabis plant for personal use in the UK?
No, you cannot grow cannabis in the UK for personal use. While it is not an offence to supply or possess cannabis seeds, any action which germinates or cultivates them is an offence.
Can the police search your home for a cannabis plant?
The police will typically only search your home if they have received permission or a search warrant, or where delaying a search to obtain a warrant would defeat the ends of justice.
This means they will not be able to perform a random search of your property in order to find a cannabis plant.
What happens if the police find you in possession of cannabis?
If the police find you in possession of cannabis, as opposed to finding a cannabis plant in your home, you could either be charged with possession of a controlled drug, or possession with intent to supply.
Possession charges can be brought forward even where the cannabis does not necessarily belong to you. Possession with intent to supply is a more serious offence which involves the act of holding a controlled drug with the intention to pass them on to another person.
With intent to supply charges, the prosecution does not need to prove that you have physically given a controlled drug to another person, only that there was a plan in place on which you intended to act on.
If it is not immediately clear which charge you could be handed after being caught in possession of cannabis, the CPS will take various factors into consideration, such as the quantity of drugs, having drug paraphernalia on your person or having unexplained amounts of cash.
How can our cannabis production solicitors help?
Conspiracy Solicitor is a trading style of Bird & Co Solicitors LLP, a firm that has been established in the East Midlands for over 30 years, working with clients across England and Wales.
Our criminal defence team is led by Christopher Milligan, who has over 200 years of combined experience, including extensive work on cultivation of cannabis and production of controlled drug cases.
We are accredited by the Law Society for Criminal Litigation, recognising our expertise in all areas of criminal prosecutions, including those related to cannabis cultivation.
If you are accused of cultivating cannabis, our team can provide you with a straightforward approach that provides you with the strongest possible defence, while ensuring that you are clear about the details and process of your case at all times.
With our support, you can be sure that we will find the right strategy to secure the best possible result, no matter what your circumstances might be.
Contact our cannabis production solicitors today
Facing a charge for the cultivation of cannabis? Get in touch with our expert drug conspiracy defence lawyers now for advice or immediate representation.
To speak to our cultivation of cannabis solicitors, use our simple contact form to request a call back or contact us on one of the following numbers:
- Call 0333 009 5968 – for standard enquiries during office hours
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