Production Offences
Section 4 Misuse of Drugs Act 1971
The two main production offences are:
Production of a controlled drug; and Being concerned in the production of a controlled drug.
Production is defined as ‘manufacturing, cultivating or production by any other method’. For example, separating those parts of the cannabis plant which are not usable from those which are, is considered preparation and, therefore, can amount to the offence of production.
Penalties available for production offences
The severity of the penalty applied in relation to production offences will depend on the individual circumstances of the case. Please note these are the maximum sentences only and in most cases will not be reflective of the sentence given.
Production Offences
Class A - life imprisonment or a fine or both
Class B - 14 years’ imprisonment or a fine or both
Class C - 14 years’ imprisonment or a fine or both
Cultivation of cannabis
(Section 6 Misuse of Drugs Act 1971)
It is unlawful to cultivate any part of a cannabis plant. It is not an offence to supply or possess cannabis seeds, but any action which germinates or cultivates them is an offence.
As we have seen above, it is also an offence to produce or be concerned in the production of cannabis. However, a person can only be charged with cultivation or production, rather than both offences together.
Penalties available for production offences
Please note these are the maximum sentences only and in most cases will not be reflective of the sentence given.
Cultivation of cannabis
Maximum sentence of 14 years’ imprisonment or a fine or both.
