Cultivating prohibited plants other than cannabis by enhanced indoor means for a commercial purpose is an offence under section 23(1A)(b) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of:
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Prohibited plants other than cannabis include:
‘Cultivating’ includes sowing or scattering seeds, planting, growing, tending, nurturing or harvesting.
You ‘knowingly took part in’ cultivation if you:
Cultivation is ‘by enhanced indoor means’ if it occurs:
(a) The nurture of the plant in nutrient-enriched water
(b) The application of an artificial light or heat source
(c) Suspending the plant’s roots and spraying them with nutrient solution.
Cultivation is for a ‘commercial purpose’ if it occurred:
You are not guilty if you had a valid licence, permit or authorisation to cultivate the plant.
Kent Park is a legend.
Unfortunately I found myself in a position that I needed a lawyer. Although on the…
I highly recommend Lingwei Kong for legal representation. Lingwei combines professionalism with a personal touch,…
Hi all I ingaged lingwei to represent myself with a police matter at Liverpool court…