UK - Law on growing Cannabis

[weedo]

I dont know if this is true or not but if you have just 1 or 2 cannabis plants you will not be arrested and it will be classed as personal use?

Thanks, Weedo

[PingoTango]

In the UK, most coppers probably have better things to do than arrest someone with a small scale, personal grow set up - but it's still wise to keep them hidden, and make sure that there is NO evidence that you intend to sell any of the skunk you grow (ie baggies, scales, large amounts of cash etc).

Growing any number of cannabis plants is illegal.

[Sunshine-Band]

If you get caught you will certainly be arrested and the best that you can reasonably hope for is a caution if its your first offence. Of course these laws are being misused and there is no reason on earth why anyone can brew alcohol at home and someone else get clamped for growing weed. This is an irrational discrimination challengeable in law if you know how.

[FuBai]

Originally Posted by Sunshine-Band

If you get caught you will certainly be arrested and the best that you can reasonably hope for is a caution if its your first offence. Of course these laws are being misused and there is no reason on earth why anyone can brew alcohol at home and someone else get clamped for growing weed. This is an irrational discrimination challengeable in law if you know how.

To be fair you can only brew beer and wines at home, spirits require a liscense under law I was told. The only way I could see a possible challenge to the law would be through Casey Hardison's arguments on the equal application of rights under law, but I think there would be very little chance of success.

[Micklemouse]

How is this challengeable in law? Wine & beer are legal substances which can be made unlicensed by the individual for personal non-profit use (spirits are a different story). Cannabis is an illegal substance which cannot be grown unless a Home Office license is granted, even if for personal, non-profit use. Full stop. Without getting into an argument about the ethics of the law on cannabis I see no way of winning a case like that without overturning the law regarding personal use & cultivation, which with our current incumbents doesn't look likely to happen...

[jon-q]

Remember in the eyes of the law one plant equals several ounces of harvested cannabis be it a cutting,seedling or even a male plant.

The law also views (just having a few plants) as possession with intent to supply,this can get you up to 14yrs in the clink.

This is most unlikely and chances are getting busted for 2 plants you'd end up with a caution or possible fine, all would depend on the circumstances but swiy shouldn't kid themselves you wouldn't get arrested.
p.s possession can carry up to 2yrs+unlimited fine..

[Sunshine-Band]

Cannabis is not an illegal substance, although the rights to produce it are restricted. A MDA 1971 S4 charge can be argued in two ways; firstly a comon law abuse of power argument for a stay of proceedings fo maladministration of the Act. Note that the government is duty bound to re-schedule all drugs consulting with the ACMD according to harm-based criteria (social harm) - given that alcohol is a more dangerous drug than cannabis, and yet it remains unscheduled illustrates that the Act has been misapplied along historic and cultural expectations which are not within the express purpose of the Act - it's not the law that is wrong here, its the administration of it. Secondly this argument can be presented as a human rights case on the basis of unlawful discrimination under Art 14 on the grounds of property (Protocol 1 Art 1) and Arts 8 and 9 in conjunction.

A new group the DEA (Drugs Equality Alliance) is forming these arguments for novel defences to cannabis production. (note cultivation under s6 is not used, only production).

Sunshine-Band added 10 Minutes and 19 Seconds later...

Originally Posted by FuBai

To be fair you can only brew beer and wines at home, spirits require a liscense under law I was told. The only way I could see a possible challenge to the law would be through Casey Hardison's arguments on the equal application of rights under law, but I think there would be very little chance of success.

Yes Casey Hardison came up with the discrimiation idea, I think the abuse of process argument is strong and convincing. The Freedom of Information requests from the ACMD reveal a great deal about their incompetence.

[jon-q]

[quote=Sunshine-Band;469814]Cannabis is not an illegal substance, although the rights to produce it are restricted.


Swims not sure were this information came from and there are plenty of people in the clink that would like to know swiys source...

misuse of drugs act 1971
This is the offending law under which people in the uk can be prosecuted for possession,cultivation,supply,possession with intent to supply , production,importation or exportation of the plant that many people find sacred.one can also be prosecuted for being knowingly concerned with these offences,or conspiracy to commit them(you do not have to do anything but agree to breack the law to be guilty of conspiracy)

Sentencing guidlines
Possession:caution to 2yrs,for all other offences:conditional discharge to 14yrs.
At present cannabis remains a class c drug.this will change back to class b in 2009.

If this information turns out to be false and cannabis is indeed legal then swim will hold his hand up and retract the above statement.

source:home office website :cannabis classification..

[jaffacake]

Growing cannabis is usually treated a LOT more seriously than simple possession. I've seen people jailed for 6 months for growing 3 cannabis plants. Some police forces and judges see growing automatically as supply.

[bigupthebuzz]

swim watched one of those cop programmes the other nite on 3
some chap had 20 plants under the stairs the old bill put the door thru and went in with the cameras.....they said at the end he got done for possesion THATS IT.

Now dont no bout you but 20plants is quite a few and could make swim a tidy profit

[jon-q]

Originally Posted by bigupthebuzz

swim watched one of those cop programmes the other nite on 3
some chap had 20 plants under the stairs the old bill put the door thru and went in with the cameras.....they said at the end he got done for possesion THATS IT.

Now dont no bout you but 20plants is quite a few and could make swim a tidy profit

If the cps wanted to the chap in question could have been done for 60oz at street value ie per 1g..possession with intent to supply £70.000 of cannabis.why they didn't ????????very.very lucky chap..