Allowing the Use of Premises as a Drug Premises
Allowing the use of premises as a drug premises is an offence under section 36Y(1) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 12 months in prison for a first offence or 5 years in prison for a second or subsequent offence.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were the owner or occupier of a premises
- You allowed the premises to be used as a drug premises, and
- You did so knowingly.
A ‘drug premises’ is any premises used for:
- The unlawful supply or manufacture of prohibited drugs, or
- The unlawful commercial cultivation of prohibited plants by enhanced indoor means.
A ‘prohibited drug’ does not include cannabis leaf, oil or resin.
‘Commercial cultivation’ is where the cultivation relates to:
- At least a commercial quantity of prohibited plants, or
- At least a small quantity but less than the commercial quantity of prohibited plants where the plants or their products are intended for sale.
Cultivation is ‘by enhanced indoor means’ if it occurs:
- Inside a building or structure, and
- Involves nurturing the plant in nutrient-enriched water, and/or applying an artificial light or heat source, and/or suspending the plant’s roots and spraying them with nutrient solution.
It is not necessary for the prosecution to prove that prohibited drugs or plants were actually found on the premises.
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