The offence
Section 4(2) of the Misuse of Drugs Act 1971 makes it an offence to produce a controlled drug, which includes cultivation of cannabis and manufacture of other drugs. Production of Class A carries up to life imprisonment; Class B and C up to 14 years.
Defences
- No knowledge of the operation — for example, a gardener unaware of what was being grown
- Duress or exploitation, including cannabis farm 'gardeners' controlled by others
- Disputed scale, role and involvement
- Challenges to search warrants and seizure
Sentencing
The guidelines assess the defendant’s role — from a coerced gardener to a leading organiser — and the scale of production. A lesser role under coercion can significantly reduce the sentence.
Frequently asked questions
Yes. Cultivation of cannabis is production under section 4(2) of the Misuse of Drugs Act 1971, regardless of the intended use.
Duress and exploitation are recognised in cannabis cultivation cases, and the section 45 defence under the Modern Slavery Act 2015 may apply where you were a victim of trafficking or coercion.
Up to life imprisonment for Class A and up to 14 years for Class B and C, reflecting the defendant’s role and scale.