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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:
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:
It is not necessary for the prosecution to prove that prohibited drugs or plants were actually found on the premises.
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