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Cultivating cannabis

s.6Misuse of Drugs Act 1971

Unlawfully cultivating any plant of the genus Cannabis.

Cultivating cannabis · Misuse of Drugs Act 1971, s.6Card 64 / 85

Points to prove

Cultivated
A plant of the genus Cannabis
Unlawfully (not authorised by regulations under s.7)

Key definitions

Cultivate – not defined in the Act, so it has its ordinary meaning: growing or tending the plant.
Plant of the genus Cannabis – s.6(1): any plant of that genus.
Unlawfully – s.6(1): cultivation is unlawful unless authorised by regulations under s.7.

Defences

Lack of knowledge – s.28: the defendant must prove, on the balance of probabilities, that they neither knew nor suspected nor had reason to suspect a fact the prosecution must prove, such as that the plant was cannabis.

Good to know

The same conduct can also be charged as producing a controlled drug under s.4(2), because “produce” includes cultivation (s.37(1)).
Schedule 4 sets one penalty for s.6 that does not depend on drug class: 14 years on indictment.
“Cannabis” as a drug (s.37(1)) means the plant or any part of it, but not cannabis resin, mature stalk, fibre from mature stalk, or seed once separated from the plant.

Legislation: Misuse of Drugs Act 1971, s.6 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 14 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)