Our Criminal Law Solicitors have an expertise defending those wrongly accused of Cannabis Cultivation under the Misuse of Drugs Act 1971. Due to years of experience in successfully defending such cases, we understand the complexities of the cultivation requirements which include the growth medium such as hydroponics, potassium, as well as the stages of development.
Our street-smart Criminal Law Solicitors also have knowledge of the market value and how the drugs are brought to the market. Armed with practical knowledge our Lawyers will challenge every aspect of the prosecution’s case in the quest to achieve the best possible outcome for you.
Section 6 of the Misuse of Drugs Act 1971 makes it unlawful for a person to cultivate any plant of the genus Cannabis. Cannabis Production is a Class B offence under the 1971 Act.
The law states that it is not an offence to supply or possess cannabis seeds, but any action to grow the plant from the seeds is an offence. The law also gives the prosecution the power to charge the accused person with either Production or Cultivation. In suitable cases the prosecution may prefer 'production' rather than Cultivation because Production is a trafficking offence which allows the Court to order Confiscation Proceedings under the Proceeds of Crime Act 2002 . Confiscation Proceedings can have devastating consequences for you and your family since the prosecution will argue that your assets, property and well-earned money represents proceeds of Cannabis Cultivation and seek the confiscation of virtually everything you have.
In Cannabis Cultivation and production cases the police often inflate the commercial value of the drugs which has a direct impact on any sentence a court will pass as well as creating a false narrative to any potential jury hearing the case. Our Criminal Law Solicitors rely upon their knowledge and defence drug experts to reduce the evidence to its reality.
The severity of the sentence depends on the role attributed to you in the Cannabis Cultivation, combined with the quantity involved and the nature of the operation. The Sentencing Guidelines Council has produced definitive guidance for Drugs Offences, including Cannabis Cultivation.
The offence of cultivation is an either way offence, which carries a maximum sentence of six months imprisonment in the Magistrates’ Court and 14 years’ custody in the Crown Court, on a trial on indictment.
For simple Possession of Cannabis Plant Charges, the court is likely to impose a small fine if you are of previous good character or your past convictions are historic.
Generally though, the guidance determines punishment on the basis of your role in the crime and attributes leading, significant or lesser roles. The person who is most involved and likely to benefit most financially and who controls the operation may be thought as having a leading role, while the person who has a marginal role will be sentenced on the basis of having a lesser role. The significant role is given to someone between the leading and lesser roles. The Court then embarks on the task of analysis the harm caused. Where there is a large quantity of plants involved, the Court is likely to be more Draconian. For a leading role in Category 1 cases the starting point could be as high as 8 years’ custody. For a significant role it could be 5 ½ years in custody and for a lesser role it could be three years in custody.
Cannabis Cultivation Charges can have devastating consequences on your life and that of your loves ones. If you are being investigated or prosecuted, it is vital you seek expert advice from Criminal Law Solicitors immediately.
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