Cannabis remains one of the most commonly encountered substances in drug-related offences in the UK. The production of cannabis, whether for personal use or supply, is a serious offence under the Misuse of Drugs Act 1971, and those found guilty can face significant legal repercussions.
At Sahota & Sahota Solicitors, we regularly represent clients accused of drug offences, providing expert legal advice and robust defences.
In this article, we explore the legal framework surrounding the production of cannabis, the potential consequences and available defences, with expert insights from Kally Sahota, Director and an experienced solicitor specialising in drug offences.
The Law on the Production of Cannabis
Under Section 4(2) of the Misuse of Drugs Act 1971, the production of controlled substances, including cannabis, is prohibited. Cannabis is classified as a Class B drug, and production can include:
• Growing cannabis plants.
• Cultivating cannabis seeds.
• Managing or controlling premises used for production.
The maximum penalty for the production of cannabis depends on the severity of the offence:
• Magistrates’ Court: Up to 12 months imprisonment and/or an unlimited fine.
• Crown Court: Up to 14 years imprisonment and/or an unlimited fine.
Sentencing is influenced by factors such as the scale of production, the offender’s role and the intended purpose (e.g. personal use vs. commercial supply).
Defences Against Cannabis Production Charges
A strong defence can make a critical difference in the outcome of a case. Common defences include:
1. Lack of Knowledge: Demonstrating that the accused was unaware of the cannabis production, such as tenants growing cannabis without the landlord’s knowledge.
2. Duress or Coercion: Proving that the accused was forced to produce cannabis under threats or pressure from others.
3. Medical Necessity: In rare cases, individuals may argue that cannabis production was necessary to alleviate chronic health conditions.
4. No Intent to Supply: Evidence that the production was for personal use rather than commercial distribution can influence sentencing.
5. Unlawful Search or Seizure: If evidence was obtained improperly by law enforcement, it may be deemed inadmissible in court.
Expert Insights from Kally Sahota
Kally Sahota, Director at Sahota & Sahota Solicitors, emphasises the importance of early legal intervention in drug-related cases:
“The production of cannabis is a serious offence, but every case is unique. Many of our clients are unaware of the severity of the law or find themselves caught in circumstances beyond their control. At Sahota & Sahota, we take a thorough, compassionate and strategic approach to each case, ensuring no stone is left unturned preparation.”
Mr. Sahota also highlights the evolving public attitudes towards cannabis and its impact on legal outcomes: “While there is growing debate around the decriminalisation of cannabis, the law remains strict and ignorance is not a defence. However, there is scope within the law to argue for leniency, particularly in cases where there is no evidence of supply or where vulnerabilities are exploited by organised crime groups.”
Why Choose Sahota & Sahota Solicitors?
With years of experience in defending clients against drug-related offences, Sahota & Sahota Solicitors is renowned for providing:
• Expert representation at the Police Station, the Magistrates’ Court and Crown Courts.
• A personalised approach to case preparation and strategy.
• A proven track record of achieving reduced sentences, acquittals and dropped charges.
If you or someone you know is facing charges related to the production of cannabis, seeking expert legal advice is crucial. Contact Sahota & Sahota Solicitors for a confidential consultation.