Cultivation of Cannabis Solicitors

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: solicitors@jdspicer.co.uk

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.