Cultivation of Cannabis Solicitors
For more than 45 years JD Spicer Zeb Solicitors has been a leading provider of criminal defence services for clients facing charges for production of drugs and cultivation of cannabis.
Our specialist expertise in these kinds of serious drugs offences means we can provide clear, pragmatic support at every stage of proceedings, effectively defending your legal rights and working to secure the best available outcome for your case.
Our production of drugs solicitors can work with you in a wide range of languages, meaning we can provide clear, effective advice no matter your background. Having regularly achieved success in even the most complex and challenging cases, we have earned a reputation for offering first class representation for anyone facing charges for serious drug offences.
- Have you or someone close to you been arrested for production of drugs?
- Are you required to attend a police station by appointment?
- Have you been bailed to return to the police station?
- Have you been charged with production of drugs or cultivation of cannabis?
- Have you received a postal summons or requisition?
Get in touch
There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.
Need immediate legal support? Our accredited Police Station Representatives are available 24 hours a day 365 days a year. Please use the emergency numbers listed at the top of the page for on-the-spot specialist legal representation for charges related to the production of drugs or cultivation of cannabis.
Drug offences are taken extremely seriously by the authorities in the UK; therefore, it is crucial you contact us as soon as you are arrested. Having an experienced, knowledgeable defence team is key to receiving an acquittal or having a criminal sentence mitigated. By choosing to instruct us, you can be confident you have the best chance possible of receiving a good outcome.
JD Spicer Zeb Solicitors is Lexcel accredited, meaning we meet the highest levels of good management and customer care set by the Law Society of England and Wales. In addition, we were awarded the Law Society Excellence in Practice Management Award in 2012. Our expert team speaks multiple languages, and we have approved external interpreters who can assist us if required.
How can we help?
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
Have you won any awards?
OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -
"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.
Due to our robust record in providing successful criminal defence, we enjoy relationships with skilful and experienced barristers. You can be confident that when you instruct our team, we will work with the best counsel and ensure every aspect and consequence of your defence is fully explained to you. Our criminal defence team has advised and represented all types of clients who have been charged with production of controlled drugs, from those running small, back-yard operations to individuals involved in national and international criminal operations. We have much experience working with clients who have been charged with cannabis cultivation specifically, putting us in an excellent position to build you a robust defence.
As well as supporting you in the Magistrate’s Court or Crown Court, we can also provide 24-hour police station representation. Because, anything you say or do affect the outcome of your criminal matter, we provide expert advice at a crucial time, ensuring your best interests are always protected.
What is meant by ‘production’ of a controlled drug?
Production can mean the manufacture, cultivation, or any other method of producing a controlled drug.
‘Any other method’ has a wide interpretation. For example, in R v Harris, the Court of Appeal held that the stripping of cannabis plants in order to separate out those parts to be smoked came within the definition. Converting a drug from one form to another also counts as production.
If you have been accused of production of cannabis, please get in contact with our specialist solicitors.
What does the Prosecution have to prove to gain a conviction for producing a controlled drug?
The Courts have made it clear that the Prosecution must show that the accused played a role in the production of a controlled drug in order to gain a conviction. For example, if you simply allowed another person to manufacture a drug on your property, you could not be convicted of production. However, you could be convicted of the lesser offence of allowing premises to be used to produce a drug.
Obtaining advice from our experienced criminal defence lawyers is essential to ensure that you are not convicted of a penalty that is more severe than you should be.
What is the offence of cultivation of cannabis?
You can be charged with cultivation of cannabis if you have been caring for cannabis plants, for example, feeding and watering them. Although it is not an offence to possess or supply cannabis seeds, it is illegal to germinate or cultivate them.
At JD Spicer Zeb, we are experts in cultivation of cannabis charges, able to provide a robust legal defence, no matter the case.
What is the difference between the charges of cultivation and production?
A person can be charged with either cultivation or production, but not both together. If you are charged with production, a Proceeds of Crime hearing can be issued. This provides authorities with the scope to seize any proceeds gained from crime should it be shown that the accused has obtained a benefit.
Cannabis cultivation counts as a production of controlled drugs offence, yet can also be considered as a stand-alone drugs offence, depending on the circumstances. It is not possible for an individual to be charged with the production of a controlled drug and to be charged with cultivation of cannabis.
The key difference between charges of cultivation and production is that offences of production can be considered under the Proceeds of Crime Act, with these types of offences the Court can recover property or money if the accused has received financial gain from the offence.
When deciding whether or not to charge an individual for cultivation of cannabis or cannabis production, the prosecution will consider various factors. For instance, if it is discovered that the offence is associated with large scale cannabis production, it is more likely to be charged with production of a controlled drug. Where the cultivation of cannabis was on a smaller scale, and without an ongoing supply of the drug, a cultivation of cannabis charge is more likely.
What does the prosecution have to prove for cultivation of cannabis?
To convict an individual, there are various cultivation of cannabis points to prove. For example, the prosecution will need to evidence that the person was directly involved in cannabis cultivation. Evidence usually includes growing equipment and cannabis plants, or other materials that may suggest cultivation.
The prosecution will need to demonstrate knowledge, as in, the defendant was aware that the cultivation activities were taking place, as well as that the defendant had the intention of cultivating cannabis. These factors can be proved by factors such as, communications from the defendant, cultivation scale, or the defendants presence at the site of cultivation. Depending on the case, the prosecution may also provide evidence that the individual managed the operation.
Are there any defences available for the charge of production of a controlled drug?
As experienced criminal defence solicitors, we have an in-depth knowledge of the Misuse of Drugs Act 1971 and the defences available under it. Section 28(3)(b)(i) provides that the accused should be acquitted of the charge of production of a controlled drug if they can prove, beyond reasonable doubt, that they did not know, nor suspect or have reason to suspect the substance in question was a controlled drug.
What is the sentence if I am convicted for production of drugs?
The maximum custodial sentences are as follows:
- class A drugs: on indictment - life imprisonment, in the Magistrates’ Court six months
- class B drugs: on indictment - 14 years, in the Magistrates’ Court six months, and
- class C drugs: on indictment - 14 years, in the Magistrates’ Court three months
The sentence you will receive if convicted of production of controlled drugs depends on many factors including:
- the size of the operation
- the class of drugs involved
- the amount of drugs, and
- the precise nature of your involvement in relation to their production
The judge will apply the Sentencing Council Drugs Offences Definitive Guidelines. These focus on culpability and harm, and approaches sentencing by categorising the offences based on the quantity of the drugs involved, and cross-referencing that with the role that the you have been convicted of playing in the offence. This will provide a starting point for sentencing which can be varied, depending on any aggravating or mitigating factors.
The judge will want the Prosecution to provide evidence of:
- the type and quantity of drugs
- what level of maturity they had reached/how near they were to being in a saleable condition
- their purity and financial value, and
- what signs were present to show how long the production of the drugs had been going on and the scale which had been reached
All the factors can be challenged, something we will do robustly to ensure the best outcome in your case. The Prosecution often exaggerates the financial value of drugs, and we have a strong track record of successfully having the figure reduced with the help of expert evidence.
What is the sentence for cultivation of cannabis?
In commercial-scale cannabis cultivation cases, the Sentencing Guidelines set out a starting point of three years for those involved in the cultivation of cannabis at the lowest level. Those working at a senior level in the operation could face between three to seven years in prison, and organisers six to seven years, with more severe sentences for those who control multiple sites.
Expert advice and representation at sentencing are crucial to ensure all mitigating factors are set out clearly for the judge. We have the experience and knowledge required to debunk key claims made by the Prosecution in sentencing hearings.
Our criminal defence team can also represent you if authorities make an application under the Proceeds of Crime Act 2002 for a confiscation order.
If you’ve been accused of cultivation of cannabis, you are advised to get in touch with our expert solicitors at the earliest opportunity.
What are the production of cannabis sentences in the UK?
The sentences for production of cannabis sentences relate to the case itself and the circumstances. Elements that are considered include the scale of the operation, the part that the defendant played, and any mitigating factors.
Cannabis is a Class B drug, the recommended sentence ranges from a fine to 10 years in prison, with a maximum sentence of 14 years in prison.
Contact our criminal law defence solicitors today
If you have been charged with producing a controlled drug or cannabis cultivation you must seek experienced legal advice immediately. For urgent specialist advice, prompt representation or to speak to us confidentially about any criminal matter, please do not hesitate to contact our dedicated team of criminal defence lawyers in London, Birmingham and Manchester by telephone:
- City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.
- Brent & Camden London Office: 020 7624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- Or email: email@example.com
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
In Urgent Cases
For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.
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