Production/Cultivation of Cannabis (Section 4 Misuse of Drugs Act 1971)

Production of a controlled drug is an offence under s.4(2) Misuse of Drugs Act 1971 and cultivation of a cannabis plant is an offence under s.6(2). Subject to any regulations under s.7 or any provision made in a temporary class drug order under s.7A, it is not lawful for a person to produce a controlled drug (s.4(1)(a)), and, subject to s.28, it is an offence to produce a controlled drug in contravention of s.4(1) or to be concerned in the production of such a drug by another in contravention of s.4(1) (s.4(2)). Subject to any regulations under s.7, it is not lawful for a person to cultivate any plant of the genus Cannabis (s.6(1)), and, subject to s.28, it is an offence to cultivate any such plant in contravention of s.6(1) (s.6(2)). Maximum sentence for cultivation under s.6(2): on conviction on indictment, imprisonment for 14 years or a fine, or both; on summary conviction, imprisonment for 12 months or the prescribed sum, or both. For production under s.4(2) Schedule 4 gives the same 14 years or a fine, or both, on indictment where a Class B or Class C drug is involved, and life or a fine, or both, where a Class A drug is involved (Misuse of Drugs Act 1971, s.25 and Schedule 4).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Drug exhibits must be sealed and weighed in the presence of the suspect where practicable. Field testing kits provide a presumptive result only: formal analysis is required for court. Record any indicators of supply (scales, deal bags, multiple phones, cash). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).