Cultivation of Cannabis Flashcards
Q: What is the law on the cultivation of cannabis?
S6 1971 Act
(1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person to cultivate any plant of the genus Cannabis.
(2) Subject to section 28 of this Act, it is an offence to cultivate any such plant in contravention subsection (1) above
Q: What are the regulations under section 7?
They exempt various persons and activities by way of a licence from the Secretary of State.
Q: What does s6(1) mean?
Cultivation of cannabis is not lawful if it does not fall within one of the permitted regulated situations.
It says there is no current law stating that cannabis cultivation is lawful, apart from the regulations under s7. The regulated activities are lawful.
Q: What parts of the plant is covered by s6(1)?
Cultivation of any plant of the genus cannabis. All parts of the plant are covered!
Q: What does s6(2) mean?
If someone is not licenced by the regulations, it is an offence to cultivate any such plant.
It is an offence if we do not have a defence under s28 (lack of knowledge defences).
Q: What is meant by cultivation?
Cultivation isn’t defined by the Act.
Case law tells us it means giving some form attention to the plant, during the process of its growth eg: harvest, drying leaves, watering the seeds etc…
Any activity to do with the plant is likely to amount to cultivation.
Q: What if a police officer waters a cannabis plant that is intended to be used as an exhibit in court to prevent it from dying?
This will still amount to cultivation. There is no exception in the law to protect against these circumstances.
Q: Do you cultivate if you fail to remove a plant that is growing wild on your land?
This depends on if you are deliberately preserving it by caring for the ground on which it is growing. Ensuring the plant can grow successfully amounts to cultivation.
Q: What if you do not know if the plant is a cannabis plant?
As with possession, you don’t need to know that the plant you are cultivating is cannabis.
Q: Is necessity or duress a defence?
Case law tells us that defences such as necessity or duress of circumstances (eg: ‘I have no choice but to grow it as it relieves my pain) are not available.
Q: What is the difference between the production and cultivation of cannabis?
Production- includes cultivation. It is an escalated charge of cultivation whereby the organised nature, scale of the operation or number of plants surpasses a limit set out by the court sentencing guidelines.
Q: What type of offence is cultivation of cannabis?
Triable either way.
Carries a maximum of 14 years or a fine on indictment.
Carries 6 months or a proscribed amount summarily.
Q: Summary
- You must show the plant in question is cannabis
- You must show the defendant cultivated it in some way- D does not need to know it is cannabis
It is an offence to cultivate cannabis unless you have a s28 defence or you are permitted to cultivate it by virtue of government regulations.
Duress of circumstances or necessity are not available defences.
