Cultivation of cannabis
Date Produced: 25 February 2009
Title: Drugs
Offence: Cultivation of Cannabis
Legislation: Section 6 Misuse of Drugs Act 1971
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 14 years
Aggravating & Mitigating Factors
- Commercial, sophistication, scale, level of involvement.
- Use of drug for medical condition. Original planting carried out by others.
Relevant Sentencing Guidelines
R v Xiong (or Xu) [2007] EWCA 3129
The Court of Appeal gave an indication of sentencing brackets in the sentencing of "gardeners" in the commercial cultivation of cannabis.
The Court specifically stated it did not intend to lay down guidelines.
The Court recognised the increasing problem of sophisticated operations involving the cultivation of skunk.
Lowest level involvement should attract 3 years.
Setting up and controlling individual organisations, the starting point should be 6-7 years.
Managers should attract 3-7 years depending on the level of involvement and value of cannabis produced.
Deterrent sentences would be appropriate for offenders with greater involvement to reflect the fact that they stand to make a substantial profit from the offending.
Relevant Sentencing Case Law
Herridge [2006]1 Cr App R (S) 252
52 plants at home. Personal use. G plea. 6 months prison. This case also recognises the reduction in penalty for possession of cannabis by its reclassification as a Class C drug.
Booth [1997] 2 Cr App R (S) 67
8-10kg per annum production. 4 years prison
Jubb [2002] 2 Cr App R (S) 8
D was sole lessee of industrial unit which contained a sophisticated system for the cultivation of cannabis. 705 plants. Potential income £190k. G plea but D denied being a principal in the enterprise. 5 years.
R v VI To [2006] 2 Cr App R (S) 38
No reduction in sentence for commercial cultivation of cannabis despite its reclassification.
Ancillary Orders
- POCA
- Forfeiture
Consider Also
- Cannabis reverted back to being a Class B drug on 26.1.09
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