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Allowing the use of premises as a drug premises where a child is exposed is an offence under section 36Y(2) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 14 months in prison for a first offence or 6 years in prison for a second or subsequent offence.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘drug premises’ is any premises used for:
A ‘prohibited drug’ does not include cannabis leaf, oil or resin.
‘Commercial cultivation’ is where the cultivation relates to:
Cultivation is ‘by enhanced indoor means’ if it occurs:
A ‘child’ is a person under the age of 16 years.
It is not necessary for the prosecution to prove that prohibited drugs or plants were actually found on the premises.
You are not guilty of the offence if you establish to the court ‘on the balance of probabilities’ that the child’s exposure did not endanger his or her health or safety.
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