Criminal Offence of Growing & Possession of Cannabis
Section 4 of the Misuse Drug Act 1971 criminalises the production, manufacturing, and cultivation of controlled drugs. Cultivation of cannabis is therefore a crime under the provisions of the Misuse Drug Act This means that any act which is intended to contribute to the manufacturing or production of a drug such as separating those parts of a controlled drug that are marketable from those which are not is a form of production and as such a crime. By far the most common offence of drug manufacturing is the cultivation of cannabis. Growing cannabis has witnessed an unprecedented rise in more recent times with residential and commercial properties now being utilised for the illegal purpose of growing cannabis.
Section 6 of MDA deals more specifically with the cultivation of cannabis charges and clarifies that although it is not an offence for one to be in possession of cannabis seed for whatever reason, any act which germinates or cultivates the seeds however is a criminal offence. It is also an offence to be concerned with the cultivation of cannabis or indeed the production or manufacture of controlled drugs. To be concerned with cultivation, one must be actively involved in the growth process or production of cannabis in one capacity or the other. It would not necessarily constitute a crime, for instance, where one resides within the same building where cannabis is being cultivated unless it can be proven that such a person assists in the criminal offence of cultivation.
If you are unsure of the role you have purportedly played in the cultivation of cannabis and/or production and manufacture of illegal drugs, get in touch with us and we will provide you with the appropriate advice while guarding your best interests at all times. Cannabis growing, cannabis possession; simple or otherwise, and cannabis dealing often go hand in hand in many cases. The sentences for cannabis possession and cultivation of cannabis charges however differ ever so slightly. If convicted of cultivation of cannabis or being concerned with such cultivation, the penalty could be as high as 14 years in prison or fine, or both. Cultivation of cannabis is therefore a serious crime as the heavy sentencing evidences.
The expertise of our criminal defence solicitor in London will be very useful in preparing a very solid defence case against whatever case the prosecution has built up. Our robust and proactive approach to criminal defence coupled with our reputation for vehemently protecting our clients’ interests stand us out in the criminal defence field. If you or any one close to you has been charged with any drug related offence, including possession, possession with intent to supply, growing and cultivating cannabis, give us a call today and your legal representation will become our utmost priority.