Drugs and psychoactive substances
Production of a controlled drug / cultivation of cannabis
Misuse of Drugs Act 1971, s.4(2) (production); s.6 (cultivation of cannabis)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (indictable only if third drug-trafficking minimum sentence may apply)
- Maximum penalty
- Life (Class A production); 14 years (Class B/C) — maxima vary by class and offence
Actus reus
- Produce a controlled drug (MDA 1971 s.4(2)), or cultivate cannabis plant (s.6).
Mens rea
- Knowledge of production/cultivation of the substance (and for cannabis, knowledge of cultivation).
Verified case law
Warner v Metropolitan Police Commissioner[1969] 2 AC 256
Statutory possession in a vehicle can be strict as to contents in defined circumstances.
Defences
No knowledge of grow/production · Solely for own use (mitigation / role) · Deny control of premises/equipment · Challenge quantity estimates
Sentencing Council
Sentencing Council guideline effective 1 April 2021. Categorises by role and output/potential output.
At the police station
Count plants, note equipment, electricity bypass, and role. Often linked to abstracting electricity and permitting premises.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.