UK LAW ON CULTIVATION OF CANNABIS (interesting read )

Discussion in 'Newbie Central' started by ThE sAtIvA hIgH, Oct 25, 2008.

  1.  
    ThE sAtIvA hIgH

    ThE sAtIvA hIgH Well-Known Member

    hi all , i was just doing a bit of reading regarding the law in the uk and i thought this was deffinately a good read with some sound advice in it for all new growers . not sure if its been posted before but here you go .....(ps if you suffer from the paranoia then dont read this lol )


    This document is intended to inform potential cannabis growers of the risks they face. It is mostly based on information obtained in the years 1998-2000 from United Kingdom legal records held in London. Therefore it is of most use to UK residents. It is not intended to assist or encourage anyone to break the law in any way whatsoever and may well have the opposite effect.
    *It is ridiculous but...
    Most people in the UK now agree that the possession of cannabis should be de-penalised and that there is nothing massively wrong about growing a few plants for personal. But the UK legal system takes an entirely different view. There have been recent cases of 60 year of arthritis sufferers being given prison sentences for the cultivation of a few plants. Most are reduced on appeal bit this should give you some idea on what the reality of the situation is. Do not ever fall into the trap that just because you KNOW what you are doing is right that it will make any difference to a court, in fact as you will see, the situation is the exact reverse.
    *The laws as they stand
    Cannabis is a class B drug. This means that it is illegal to posses, sell, produce or import the drug in any form. The courts are allowed to prescribe a custodial (prison) sentence for any of these crimes. There are recommended bands with regards to the harshness of sentencing but these are of little use to the home grower as you easily use them to tell whether your growing operation is likely to attract a small fine or 14 years inside.
    *How the courts work
    When a defendant appears in court, he will be faces the prosecution team. It is their job to make his crime appear to be as serious as possible and to present as much evidence against him as is humanly possible. They will not be shy of making out the case to be worse than is really is on the basis that he will be doing the opposite
    *How the judges decide on sentencing
    The judges take each case individually to a certain extent but there are laws, guidelines, precedents that help him or her decide. The main factors are as follows:
    The physical size of the operation
    The number of plants
    The predicted yield of the plants
    Whether the process is capable of continuous production (like Sea of
    Green)
    The sophistication of the set-up
    What procedures were in place to avoid detection
    Collusion or conspiracy
    Involvement of minors
    Evidence of production for financial gain (i.e. selling it)
    Evidence of previous grows or future potential grows
    How good the defendant is at it (!)
    Previous convictions for similar offences
    Previous convictions for any type of offence
    The defendant's social, marital and work status
    The defendant's attitude towards cannabis and it's production
    Medical history

    [SIZE=+1]These factors in detail:[/SIZE]
    These are based on information gleaned from real-life case histories and the judges comments as to why he gave the sentences he did. Cases of Appeal are especially useful as the judge is required to justify his reasoning.
    *The size of the operation
    This is obvious but what is "small"? The simple answer is as small as possible. This means you should grow as few plants as you can in as small as space as you can.
    The prosecution may call in an expert witness who will calculate how much You should produce slightly less that you require for yourself and it would be a lot better that you only aimed for less that 75% of what you actually smoke and just buy the rest. This is a quote from a case:-
    "The appellant claims that he consumed 1 ounce a week, making 52 ounces in a year or approximately 1.5 kilograms....Our attention has been invited to the case of Lyall (1994) 16 Cr App R (S) 600. The facts are remarkably similar. In that case a factory for cannabis was set up in a private house using precisely the same hydroponic method. The productivity was estimated at 2 to 3 kilograms a year"
    From reading many case histories it appears that 5 plants (all other factors being amenable) or less is the upper limit to be reasonably confident of avoiding a prison sentence. However if you had a conviction for possession in your past or any one of about 20 other factors this still might not keep you on the outside.
    The judge considers the potential so it is wise to keep the actual growing area down to the size you need and no more.
    It is usually safer to grow 3 largish plants than 20 Sea of Green ones. You can never be sure what figures the expert witness will come up with. They may well assume that all 20 were to be grown to 5 feet and then you are in serious trouble.
    *Avoiding continuous production methods
    The Sea of Green system may work well but it is a legal headache if you get caught. It immediately alerts the authorities that you have a planned venture and intend to keep doing it - i.e. you are intending to continuously break the law. It is far safer to grow say 3 plants, take 3 cuttings when they go into flower and then flower the cuttings when ready. This way you only have 3 plants and 3 cuttings or at worst 6 plants. Having a mother with plants all a various stages of development is dangerous.
    *Keeping it simple
    Somewhat bizarrely, judges take a dim view on what they term as "sophisticated" set-ups. This includes all hydroponic methods, timers, fans, pH meters, Sun-Circles/Shuttles, EC meters, pumps, ozone generators, exhaust fans, special nutrients, chemicals, CO2 and pretty much anything electronic or automated
    Time and again, the sophistication of set-up is mentioned and used as
    evidence to quash appeals. This is a real (and typical) quote

    "The operation was highly sophisticated and in essence concerned the growth of cannabis in a forced atmosphere of water and artificial light known as hydroponics, which produced the yield much quicker and stronger than of the plants in earth."
    What the court thinks is sophisticated is common practice to the average pot grower in the 21st century.
    Practical suggestions include: disguising your special nutrients in more common bottles like tomato feed or similar, hiding/disguising/throwing grow books and magazines, using garden-centre equipment/materials when remotely possible (e.g. clone in vermiculite and not rock-wool), use white paint instead of Mylar and so on.
    *Avoiding detection
    Obviously everyone who grows pot wants to avoid detection but things like false doors, ozone generators and infra-red shielding all go against the defendant if actually caught. Individual growers would need to balance what is necessary to avoid prosecution altogether and what will happen if it doesn't work. F
    *Collusion
    Courts nearly always give out harsher punishment to people who commit crimes in groups (i.e. with just one other person). Their reasoning is that collusion infers a greater degree of planning and deception, which they don't like! So if you didn't have enough reasons to keep EVERYONE out of it and your mouth shut then here is another.
    *Involvement of minors
    This does not need to be a Fagan style city-wide-drugs-in-Pokemon-cards dealing syndicate to get you into deeper trouble. In the cases we studied, the likelihood of the defendant's children accidentally stumbling on the grow and apparently immediately having their innocence taken from them, was definitely seen to be a negative factor.
    *Evidence of financial gain
    This is a big subject. It covers anything from simple selling your weed to selling your grow kit to renting a flat to a grower. Needless to say you should not make a single penny out of your grow. If you don't actually commit this aspect of the crime then it will be hard (but not impossible) for the prosecution to prove you did. Never keep any more than a few days worth of cash in the house. A £2000 stack of used £20's that you were going to buy a car with may well be turned into the "seedy profits of underworld drug dealing". Selling or even giving drugs to friends is a very bad idea. Admitting to it is an even worse one.
    *Evidence of previous or future grows
    You should not hold stocks of any materials that could be deemed to be of use in your grow. For instance, if the police were to uncover 50 used plant pots and a 200 litre sack of vermiculite, perlite and 50 new pots in your shed, you are likely to have any claims that this grow was a "one off" laughed out of court. And once you have been caught lying to the police or worse still the court then you are two steps closer to incarceration.
    *How good you are at it(!)
    Another bizarre finding, but our research suggests that the strength of the weed and your perceived expertise in the subject will go against you. You would be well advised to keep your knowledge to yourself. Here is a typical quote:
    "It was the prosecution case that Owen had used his scientific expertise to set up the factory. The Crown relied on evidence that he had brought hydroponic equipment between December 1992 and March 1994 while he was living at the cottage"

    *Previous convictions for similar offences
    This is not cannabis specific. All sentences are given in consideration of your previous behaviour. If you have been caught growing once already, then you are almost certain of receiving a prison sentence.
    N.B. Crimes not related to growing or drugs are also considered.

    *The defendant's social, marital and work status
    In general the more upstanding and "normal" you are the better. The more you have to lose the less they will be inclined to take it away, especially if children are involved. A young up-and-coming city trader is likely to get a lighter sentence and reduced custodial times than an unemployed guy who organises free dance festivals. Appalling but true.
    *The defendant's attitude towards cannabis and it's production
    This is a point often overlooked by the cannabis community. With the widespread nature of cannabis books, magazines, Internet sites and with famous people and politicians all talking about cannabis consumption with greater and greater openess, it is easy to fall into a false sense of security. The laws have not changed so quickly and the number of people prosecuted for cannabis offences is rising, not falling. Your opinions on the current state of cannabis's place in society, the waste of police time and the morality of the drug-culture are not only irrelevant but actually highly damaging. Keep them to yourself
    The courts realise that people must respect their authority even when it is morally incorrect. This is demonstrated by the unusually harsh sentences received by "people who take the law into their own hands" and start beating up the local joy-riders.
    It is essential that you do not under any circumstances give the impression that you think the laws are unjust or worse still, question the authority of the judge. These comments were mentioned in a number of appeal cases and were shown to go against the defendant, partially on the basis that it suggests that they will not be truly repentant.
    If you are arrested it appears to be important that you appear to be repentant right from the start. You need to walk the fine line between giving the police/court evidence that they didn't have and appearing to be obstructive. For instance, when the police ask you to say something you could say that you don't understand the meaning of the rights read to you and you would like to consult a solicitor before saying anything stupid. And that you are very sorry for doing so etc.
    If a defendant's demeanour throughout the process is that of a nice guy/girl who liked a bit of a smoke, grew a few bag seeds in a basic set-up, got caught, immediately snapped back to reality and realise the errors of his ways and would in no way ever do the same thing again....then he/she is likely to get a relatively light sentence.
    *Medical matters
    With the press coverage of medical usage of cannabis (or marijuana if you need some alliteration in your headline!) this has become a hot issue. For the cultivating defendant it is a tricky one. Although their sentencing policies may make them appear to be stupid, Judges are usually highly intelligent. They know that the medical defence is going to be used by virtually everyone who appears before them for cultivation. They are forewarned and forearmed.
    Our research showed that medical defence was useful but only if backed up with firm evidence. Typically people were treated with leniency and even got off (via a jury decision mostly) if they were ostensibly infirm, had a serious illness and were old. Defendants turning up to court saying that they were growing for an old knee injury do not do themselves (or the medical cannabis cause) and favours. There are plenty of books and articles on this subject but suffice it to say that the defendants did well to inform their doctors of their self-medication and get his agreement that it could be of benefit.
    *The internet - beware
    The internet community is full of liars and braggarts and people with large, sharp political axes to grind. Some of them believe that if everyone grows and gets caught then it will overload the courts and help their cause. This may be well be true but do you want to be one of the guinea-pigs? People talk about their growing set-ups with pride and encourage you to get the latest chemical or piece of kit. They may suggest that small garden cannot produce good weed. The whole idea of talking openly about your illegal activities over an open communication system might lead you to believe that things are not as bad as they seem. Unfortunately they are actually worse. If you are merely growing weed with just 10 plants in perlite/hydro under a 1000W HPS you could be facing a 4-6 month prison sentence even if they believe your personal use story. Would your boss, wife, girlfriend, her parents, your parents all understand?
    celorfiwyn and greenjambo like this.
  2.  
    celorfiwyn

    celorfiwyn Well-Known Member

    Great post, thanks
  3.  
    ThE sAtIvA hIgH

    ThE sAtIvA hIgH Well-Known Member

  4.  
    LUDACRIS

    LUDACRIS New Member

  5.  
    donmajicjuan

    donmajicjuan Active Member

    cannabis was a class B when they re-wrote the law in 1998-2000. but in 2004 it was reduced to a class C.
    the fact is that they are in talks to reinstate it as a class B. out of 21 government officials who had a vote, only 3 of them were for the re-classification and 18 not. even though they lost this vote they are still going to re-class.... it to a class B. and all this will take effect from 26th january 2009. shit one i know. but the blame is down to the chemically enhanced skunk which is rife on the streets of the uk.
  6.  
    celorfiwyn

    celorfiwyn Well-Known Member

  7.  
    anotherchance

    anotherchance New Member

    its all such bull shit. learn how do defend yourself in court so no one is making any money off of you. a lawyer has to toe the line or else they never get to win any cases, so the deck is stacked against you if you play their game.
  8.  
    LUDACRIS

    LUDACRIS New Member

    and your point is:?:
    (expected to change).
    and the police are not going to change shit just because the law has changed.
    its up the courts to decide what happens and thats only going to happen if you are caught selling/growing/smoking and find yourself in the dock.
    thats just my view.i know the police force/laws and priorities and they dont really care who smokes or grows for personall use and i dont really care about the police they are far too busy busting dealers of heroin/crack and harder materials and acting like fools.
    the police will just laugh at a small crop of plants for personall use and so will the judge:lol::lol::lol::lol:.
  9.  
    celorfiwyn

    celorfiwyn Well-Known Member

    you are of course free to do as you wish, but i strongly disagree with you as i witnessed very closely while my mate was arrested at work cause he was growing only 2 plants now waiting trail.
  10.  
    ElDuderino

    ElDuderino Active Member

    Does anyone on here have any first hand experience fo being caught growing a few plants?
  11.  
    LUDACRIS

    LUDACRIS New Member

    if you live in the uk this would not even get a court hearing(FACT).
    the u.s.a. is a different story.
    2 plants:lol::lol::lol:.
    the judge would be:lol::lol::lol:.
  12.  
    LUDACRIS

    LUDACRIS New Member

    yes 20+plants and because they were not producing sensi/buds or flowering at the time the case was dropped like a hot stone:lol:.
    of course they took all the growing gear but thats all.
    no buds=no charge.;-)
  13.  
    NoobRyder

    NoobRyder Well-Known Member

    how did you get caught?

    bad odour control, telling to many people.

    what?
  14.  
    anotherchance

    anotherchance New Member

    the #1 reason for bust are domestic disputes. you loose your love and your love drops the bomb
  15.  
    LUDACRIS

    LUDACRIS New Member

    i does not say i got caught it says "they were";-):lol::lol:
  16.  
    LUDACRIS

    LUDACRIS New Member

    thats why you keep it zipped and if your love is lost and is going to snitch
    blame her. it's her word against you.you really need to think about the what if's and but's before you start growing whatever your situation.
    its like buying a kilo first and then thinking what happens if i get caught.
    shit planning=shit execution;-).
  17.  
    ThE sAtIvA hIgH

    ThE sAtIvA hIgH Well-Known Member

    ha ha i didnt see the date of that article lol but what got me worried is the fact that if you where growing say 30 mini plants in a scrog perpetualy to keep yourself supplyed every couple of weeks , some dumb ass judge /prosecuter could imply that 30 mature plants would equal a lot of weed when harvested , and you may have a hard time explaining that this method was for personal use and only produced a small amount for yourself to smoke . you still get jail time for supply or production of class c drugs .i guess it depends on the judge your personal circumstances and a decent lawyer .
  18.  
    ThE sAtIvA hIgH

    ThE sAtIvA hIgH Well-Known Member

    In 2004 the legal status of cannabis in the UK was downgraded from class B (alongside amphetamines) to class C (alongside GHB, ketamine and diazepam). This decision was reversed in May 2008, against the recommendations of the UK government’s own advisory body. The penalty for production and trafficking is the same for both drug classes, at 14 years, while the maximum sentence for possession of a class B drug is five years, against two years for class C. In fact, while it was placed in class C, possession of cannabis was much more likely to result in a warning or caution than prosecution and imprisonment, unless there were aggravating factors. In reclassifying the drug, the government has declared its wish for more robust enforcement of the law against supply and possession. In specific recognition of the psychiatric risks of cannabis use, new aggravating factors in sentencing will be introduced, including the supply of cannabis near mental health institutions.
  19.  
    skuff

    skuff Active Member

    This twat is fucking liar "no buds no charge" dickhead i was knicked with 32 plants they were mostly small and they even counted up the seedlings i had that must have germinated while in police custody.

    He may have had the charges dropped but it is more likely this was because he cried like a baby and sung like a bird,

    Im in the UK ludicris prick dont mislead people
  20.  
    skuff

    skuff Active Member

    fucking grass I knew it. I'll stripe you

Share This Page