+44 (0)161 228 2244

Cultivation of Cannabis Defence Lawyer

Cannabis cultivation allegations can range from a small number of plants to large commercial operations involving several properties and multiple defendants. The scale of the alleged production, your level of involvement and the evidence linking you to the premises can all have a significant bearing on the case.

Our Solicitors will examine what the prosecution says you knew, what role you are alleged to have played and whether the evidence supports that account. 

Where several people are accused, it is particularly important to distinguish your individual conduct from the wider operation. Our solicitors will scrutinise whether you were involved in cultivation, exercised control over the premises or equipment, or have been connected to the case primarily through association with others.

Draycott Browne has more than 25 years of experience defending serious criminal allegations and is recognised by Chambers UK for Crime. Our team also includes solicitors accredited under the Law Society’s Criminal Litigation Accreditation scheme, providing experienced representation from police investigation through to Crown Court proceedings.

If you have been arrested, had a property searched or been charged in connection with cannabis cultivation, contact our criminal defence team for confidential advice.

How can Draycott Browne help?

If you are facing charges of cultivating cannabis we fully understand how stressful it can be, especially because of the serious nature of the offence, and the significant penalties that you will face if found guilty. But we also know that by ensuring that you take expert legal advice as early as possible, you give yourself the best chance of avoiding charges where possible or being given the lowest sentence available.

At Draycott Browne, we have a team of nationally respected criminal defence solicitors who know exactly how to build a robust defence strategy on your behalf, and we regularly secure outstanding results for our clients. No matter what stage of the process you find yourself, we can offer support, whether you have yet to be arrested, or whether you’ve already been convicted and are looking for advice. Many people are unaware of their legal rights and are not sure what to do when faced with the prospect of arrest, police interview, and potentially searches of their home or confiscation of their property.

The criminal defence team at Draycott Browne are here to offer help and guidance tailored to you at exactly the moment you need it; whether you need advice on what to say during a police interview, or whether you need us to make your case in court, you can trust that the advice we give you will be the best available, and we always ensure that your legal rights are protected throughout.

Our early involvement can mean the difference between being charged or being released, so contact us immediately for clear and effective advice. We are available around the clock and while based in the northwest, we can represent you wherever you are throughout England and Wales.

Speak to an expert

Our legal team is available 7 days a week

Criminal Defence Expertise for Cultivation of Cannabis Offences

Our Experienced Drug Offence Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

What is cultivation of cannabis?

The cultivation of cannabis offence comes under section 6(2) of the Misuse of Drugs Act 1971. It is not illegal to possess cannabis seeds, or even to supply them to someone else, but growing the plants, watering them and doing anything to nurture them is an offence.

The production of controlled drugs is an offence that covers the growing or manufacturing of a controlled substance by any method, and cannabis cultivation is probably the charge of this nature most commonly seen in court. You can be charged with cultivating cannabis plants whether you have grown plants at your home for your personal use, whether you grew them with absolutely no intention of ever using them to manufacture drugs, or whether you are part of cultivation on an industrial scale.

The internet means that it is relatively easy these days to learn how to produce cannabis and to buy the equipment needed, so charges of cultivating cannabis are seen more frequently in court.

What happens if you get caught growing cannabis in the UK?

Typically, to be caught growing cannabis, the police will usually have to find plants in your house. This could be through a warrant, for example if they have evidence to suggest that you are nurturing cannabis plants in some way. It could also be if they catch you growing them whilst in your property for an unrelated issue.

If the police do find plants in your home, you could be arrested for cannabis cultivation. Whatever the circumstances, whether you have been arrested or invited for an interview, you need an expert by your side. Get in touch today and one of our dedicated solicitors will be in touch.

Will I be convicted for cultivation of cannabis?

Cultivation of cannabis is an offence under section 6(2) of the Misuse of Drugs Act 1971. The prosecution must establish that you cultivated a plant of the genus Cannabis in circumstances prohibited by section 6. Cultivation can include activities involved in growing and tending the plant, and there does not need to be evidence that the cannabis was intended for sale or supply.

The circumstances of your involvement will nevertheless be important. Where the evidence does not establish that you were responsible for cultivating the plants, or where issues arise concerning your knowledge of the relevant facts, these matters may form an important part of your defence.

What is the difference between the cultivation of cannabis and production of a controlled drug?

The Misuse of Drugs Act 1971 creates a specific offence of cultivating cannabis under section 6(2), while section 4(2) creates separate offences relating to the production of controlled drugs. The statutory definition of production includes cultivation, so there can be significant overlap between the two offences.

CPS guidance states that a production charge may be more appropriate in some cases, particularly where the activity goes beyond simply growing and tending cannabis plants and includes preparing cannabis for consumption or forms part of a more substantial production operation.

There is also an important distinction under the Proceeds of Crime Act 2002. Production of controlled drugs under section 4 is specifically listed as a criminal lifestyle offence, which can engage the statutory assumptions used in confiscation proceedings. Cultivation under section 6 is not itself listed in Schedule 2, although confiscation proceedings may still arise where the statutory requirements are otherwise satisfied.

Specialist Cultivation of Cannabis Offence Lawyers

  • 24/7 Availability
  • Proven Success in High Profile Cases
  • Non-Judgemental Representation Tailored to Your Situation

Protect your future with trusted, expert legal defence—contact Draycott Browne’s Cultivation of Cannabis Offence Solicitors today.

Are there any defences available for the charge of cultivation of cannabis?

At Draycott Browne, we have been providing defence and representation to clients charged with drug production offences for over two decades, so we have extensive knowledge of the Misuse of Drugs Act 1971 and the defences that are available to anyone charged under it.

Section 28 of the Misuse of Drugs Act 1971 provides a specific defence in relation to cultivation and certain other drug offences where the defendant did not know, suspect or have reason to suspect the existence of a fact that the prosecution is required to establish.

Where sufficient evidence is raised to put this issue in dispute, the defendant does not bear the ultimate legal burden of proving their innocence. The prosecution must establish the necessary elements of the offence to the criminal standard.

What are the penalties for cultivating cannabis?

The sentence you will receive if you are found guilty of cultivating cannabis depends on a range of factors.

The prosecution must establish the scale and severity of the crime committed, and your level of involvement in it. Cannabis and cannabis resin are both categorised as Class B drugs, and there are four categories within that class, with Category 4 being the least serious, and Category 1 being the most serious. Sentencing will also depend on your culpability. Having a leading role is the carries the highest level of culpability, and may involve:

  • Organising cannabis production on a large scale
  • Has a significant influence or is control of others lower down in the supply chain
  • Hiding money profited from drugs in a business
  • Having a large financial gain from the activity
  • Abusing your position to involve other people in your activities

The second level of culpability is playing a significant role and could include:

  • Managing part of the supply chain
  • Pressuring others to join in with your activity
  • Having some form of financial rewards
  • Knowing the scale of the operation

The third level of culpability is having a lesser role. This could include:

  • Being directed by someone else
  • Being intimidated by others higher up in the chain
  • Being exploited to join the group
  • Unaware of how large the operation is

The courts will also consider the size of the operation and the quantities of drugs involved, and your direct role or level of involvement in the cultivation of cannabis. They will look at the maturity of the plants and will determine how close they were to being saleable and their financial value, your level of culpability and the potential harm that would have been caused by your actions.

Once all of this has been established, the courts will then consider if any aggravating or mitigating factors should be taken into account when deciding on the appropriate sentence. At the lowest end of the scale, assuming that the offence was minor, your role in it was minimal and there were significant mitigating factors, you may be discharged, or given a low-level community order.

The current Sentencing Council guideline assesses cannabis cultivation according to both the scale or potential output of the operation and the offender’s role. An operation capable of producing industrial quantities for commercial use falls within the highest harm category, but there is no general three-year minimum sentence simply because cultivation is commercial in scale.

The guideline provides an overall offence range from a Band A fine to eight years’ custody for cannabis cultivation, while the statutory maximum remains 14 years’ imprisonment. The eventual sentence will depend on the offence category, the offender’s role and any aggravating or mitigating factors.

Where your involvement is key and the scale of the operation is great, the maximum sentence you could receive is up to 14 years in prison, and/or an unlimited fine. If you are concerned about charges against you and the potential sentence you may receive, please contact us to discuss your case as soon as possible. The key to ensuring that you achieve a positive outcome is ensuring that you have expert representation from a legal team that fully understands the situation and each of the issues involved.

We will robustly challenge many of the factors against you; we will establish your level of involvement and we always make sure that the prosecution does not overstate any of the charges against you, such as the value or scale of the operation, or your role in it. We will ensure that any mitigating factors that could reduce your potential sentence are clearly represented to the court, whilst offering you support and clear guidance throughout the entire process.

Our many years of experience in charges of cultivation of cannabis mean that we know exactly what to do to ensure that you receive the fairest treatment and the best possible outcome.

What are the mitigating and aggravating factors associated with cultivation of cannabis?

When the court is deciding on your sentence, they will consider a range of mitigating and aggravating factors before reaching a decision. Mitigating factors could lessen the sentence and involve:

  • Being coerced into taking part
  • No previous convictions
  • If you have remorse
  • If you are a main carer for someone

On the other hand, aggravating factors could increase the length of a sentence, and involve:

  • Having previous convictions
  • Carrying out the offence when on bail
  • The operation being huge
  • Involving children or vulnerable adults
  • Use of weapons

At Draycott Browne, our specialist Cultivation of Cannabis Solicitors can highlight any mitigating factors to reduce any penalties you may receive. 

What happens if you sell cannabis?

Whilst the cultivation of cannabis involves looking after cannabis plants, actually selling this is a separate offence. If you are caught with cannabis in your possession, and you intend to sell this to another person, this would constitute a possession with intent to supply charge.

You could also be charged with conspiracy to supply class B drugs if it is thought that you were involved in the supply of cannabis, such as transporting the drug or planning actions that others will carry out.

These types of charges are complicated, and can carry very serious penalties. That is why you need a trusted solicitor who specialises in drug offences by your side, which we can provide at Draycott Browne.

Speak to an expert

Our legal team is available 7 days a week

CTA Link Arrow

Contact our Cultivation of Cannabis Defence Solicitors 

If you or a loved one is accused of cultivating cannanis, it is essential that you engage the expertise of criminal solicitors who will be able to help and advise you on a defence strategy as soon as possible. By entrusting your case to us, you can be assured that you will be working with a team of highly skilled and committed legal specialists who have a thorough and comprehensive knowledge of the law.

As one of the UK's leading drug offence solicitors, we are highly regarded nationally across the legal profession and noted for consistently delivering positive results for our clients.

Our expert team acts regularly for clients in Manchester, Preston, Blackpool, Liverpool, Leeds, Nottingham, Birmingham, and London. As recognised serious crime lawyers we can represent you wherever you live in England and Wales.

Our legal team is available 24 hours a day, 7 days a week. If you or somebody you know has been arrested and needs expert legal representation, contact Draycott Browne today.

Please Get in Touch

We are ready to assist.