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 the production of controlled drugs offence, it is also a stand-alone offence. It is not possible to be charged with both cultivation and production of a controlled drug.
This is because the production of a controlled substance falls under the Proceeds of Crime Act (PoCA) 2002 as a ‘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 considers various factors. For example, where they find that there is evidence that cannabis is being cultivated on a large scale for commercial supply, a charge for the production of a controlled drug may be considered more appropriate.
What are the sentences for the cultivation of cannabis?
Cannabis cultivation is triable either way, which means that the sentence for growing cannabis in the UK 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: Band A fine – 8 years’ custody
Maximum: 14 years’ custody
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 is where someone is deemed to have taken a leading, significant, 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 to receive 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 the direction of another 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 – Cannabis – operation capable of producing industrial quantities for commercial use.
- Category 2 - operation capable of producing significant quantities for commercial use.
- Category 3 – 20 plants, with an assumed yield of 55g per plant.
- Category 4 – 7 plants, with an assumed yield of 55g per plant.
It is important to note that the sentencing guidelines for cannabis cultivation in the UK were updated in 2021. This reduced the number of plants in categories three and four and increased the assumed yield of each 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 growing cannabis in the UK.
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 dependent relatives
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 could happen if I'm caught with one cannabis plant?
Cannabis is classified as a Class B drug under the Misuse of Drugs Act 1971, meaning possession or cultivation of even one plant is illegal.
If you are caught with one cannabis plant, and it is clear that it’s for personal use, the most likely outcome is a warning or fine, with low chances of prison time. However, if there is evidence of commercial intent or previous convictions, the case could escalate to harsher penalties.
If you are deemed to have a lesser role (growing the cannabis solely for your own use) and you are placed in Category Four for risk, which is less than seven plants, you could receive a Band C fine.
What could happen if I'm caught with five cannabis plants?
Having five cannabis plants would still be considered to be a Category Four risk, which is the lowest risk category of up to seven plants.
If you are deemed to have a lesser role (growing the cannabis solely for your own use) and you are placed in Category Four for risk, which is less than seven plants. Then you could receive a Band C fine.
However, if you are deemed to be in cannabis production rather than simply possessing it for personal use, this could impact the role to which you are attributed, and you may receive a harsher sentence.
What could happen if I'm caught with 10 cannabis plants?
If you are caught with 10 cannabis plants, this could move you into a category three risk, which is between seven and 20 plants.
Whether you are deemed to have played a lesser role in production (personal use) or you are producing cannabis to supply will impact the sentence.
A category three offence can result in a sentence of up to 4 years and 6 months’ custody for a lesser role or up to 10 years imprisonment for a leading role.
Up to how many cannabis plants are considered to be personal use in the UK?
Growing up to seven cannabis plants could be considered personal consumption in the UK.
This will place you in category four (the lowest category) of risk, which will likely be considered for personal use.
However, it is important to note that growing cannabis for personal consumption in the UK is still illegal, and if convicted, you will face a penalty for this.
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 if 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 it 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.
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 and whether you have drug paraphernalia or unexplained amounts of cash on your person.
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 Damian Sabino, who’s team have 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 always clear about the details and process of your case.
With our support, you can be sure that we will find the right strategy to secure the best possible result, no matter your circumstances.
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:
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