Given that the cultivation of cannabis is an illegal offence, it stands to reason that being caught with a ‘grow house’ by the police could result in serious penalties.
The police have extensive powers and tactics to locate and shut down cannabis operations in the UK, which includes finding individual grow houses which are being used to cultivate cannabis, or another controlled substances.
Here, we discuss what grow houses are, the sorts of tactics the police use during grow house investigations, and the sort of sentence you could receive if you are found guilty of having a grow house. Read on below to learn more.
What is a grow house?
In this context, a grow house is an indoor growing laboratory that can exist within a residential or commercial building. They are primarily used for the production of cannabis, being equipped with extensive hydroponic equipment to provide water, food and light to the plants.
How do the police find grow houses?
The police in the UK have a variety of tactics at their disposal which they use to investigate cannabis cultivation operations, including individual grow houses.
The first indication of a potential grow house in use is a very high utility usage at a property. If there is significantly high usage of water and electricity, this could suggest to the police that illicit cannabis cultivation is underway. This is because the lights, dehumidifiers, hydroponic systems and heaters used to grow cannabis all use a significant amount of electric and energy.
In some situations, the police may also see fit to use infrared cameras to identify a warmer building compared to the surrounding area. This is due to the lighting that is required to grow cannabis plants.
The National Police Chiefs Council (NPCC) have reported that numerous investigations into cannabis cultivation and production of controlled substances are ‘intelligence led’. This means that the police often rely heavily on tip-offs from the public, or informants, to guide their investigation into grow houses. Alongside this, the police also use open source internet research through their cybercrime teams to identify any online activity that is associated with cannabis cultivation.
Cannabis grow houses can also be spotted after a fire breaks out at the relevant property. Fires are a major risk at grow houses due to owners attempting to bypass electricity and gas meters to obtain utilities without having to pay for them.
Crime Stoppers also provide a range of signs which point towards a property hosting a grow house. These include:
- A distinctive smell of cannabis in the surrounding area
- Frequent visitors at all times of the day and night
- Blacked out windows
- Chinks of bright light throughout the night
- Birds gathering on the roof, especially during periods of cold weather
- High levels of condensation on the windows
- Noise from fans
- Snow melting more quickly on the roof than surrounding properties
- Signs an electricity metre has been tampered with’
Additional signs that could suggest that a grow house is present in a property include excessive security on the building, such as padlocks, grilles, CCTV, cameras, portcullises, and bars on windows.
What sentence could you receive for being involved in a grow house?
Being involved in a grow house could amount to cultivation of cannabis or possession of a controlled drug, or cultivation of cannabis offence. 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, including nurturing, feeding and watering them.
Production of a controlled drug refers to the manufacture, cultivation or other method of producing a controlled drug (a drug which is restricted by law).
While cannabis cultivation falls under the umbrella of production of a controlled drug, it is a stand-alone offence in its own right. You cannot be charged with both cultivation of cannabis and the production of a controlled drug.
Production of a controlled substance falls under the Proceeds of Crime Act PoCA (2002) as a ‘lifestyle’ offence. The court can therefore take action to recover any money and property if the suspect has financially benefited from the criminal actions.
Both production of a controlled drug and cultivation of cannabis are offences, which means that they can be heard in either the Magistrates’ Court, or the Crown Court.
The exact punishment for being involved in a grow house can therefore vary depending on the circumstances of the case. The maximum sentence you can receive is 14 years’ imprisonment, which the typical sentence range is between a discharge and 10 years’ imprisonment.
The appropriate sentence will be determined by the following:
- 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
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).
Further details on the sentencing guidelines for grow house investigations can be found here.
Are there any aggravating or mitigating factors for owning a grow house?
There are a wide range of aggravating and mitigating factors which could have an effect on the sentence that is handed out following a grow house investigation.
Aggravating factors that could increase the severity of the penalty handed out include:
- Previous convictions
- Committing the offence while on bail
- The scale of the full operation
- Involving children or vulnerable people
- Using weapons (if this is not a separate charge)
Mitigating factors which could decrease the penalty include:
- Being pressured, intimidated or coerced
- No previous convictions
- Feelings of remorse
- Having serious medical conditions
- Being the primary carer for dependant relatives
Can the police perform a random search for a grow house?
Typically, the police will only be able to perform a search of your home if they have received permission or have obtained a valid search warrant. They could also have the authority to search your home if delays 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 an attempt to find a grow house, or any cannabis plants you may be cultivating.
Can I grow a cannabis plant for my own personal use?
No, it is illegal to grow and cultivate a cannabis plant in the UK, even if it is for personal use. It is not an offence to supply or possess cannabis seeds, but any action which germinates or cultivates said seeds is considered a criminal offence for which you could be charged.
How can our cannabis grow house 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 grow houses and the cultivation of cannabis.
We are accredited by the Law Society for Criminal Litigation, recognising our expertise in all areas of criminal prosecutions, including those related to grow houses and cannabis cultivation.
As a firm, we also pride ourselves on our quality of client care, ensuring that we are there for you in your time of need. We have received the Law Society Lexcel Accreditation to reflect this.
We are independently regulated by the Solicitors Regulation Authority (SRA).
If you’re facing a grow house investigation, our criminal defence 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 grow house solicitors today
Facing a charge for the cultivation of cannabis, or facing a grow house investigation? Get in touch with our expert drug conspiracy defence lawyers now for advice or immediate representation.
Get in touch with our cultivation of cannabis solicitors now by using our simple contact form to request a call back or contacting us on one of the following numbers:
- Call 0333 009 5968 – for standard enquiries during office hours
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