The two main production offences are:
- Production of a controlled drug; and,
- Being concerned in the production of a controlled drug.
Production is defined as ‘manufacturing, cultivating or production by any other method’. For example, separating those parts of the cannabis plant which are not usable from those which are, is considered preparation and, therefore, can amount to the offence of production.
Preparation is any process that puts a substance into a form suitable for consumption.
In this context the word 'concerned' means contributed to an identifiable part of production of the drug.
The elements of the offence of being concerned in the production of a controlled drug are:
- A controlled drug was produced; and,
- There is a link between the suspect and production process (provision of equipment or suitable premises); and,
- The suspect knew that a controlled drug was being produced.
Cannabis Production
Production is classified as a 'trafficking' offence. This allows for authorities to order a POCA (Proceeds of a Crime) hearing. POCA provides the courts with scope to confiscate the proceeds of a crime where a defendant is shown to have benefited from their criminal conduct. Often the police will charge a person suspected of growing cannabis with a production offence rather than a cultivation offence so that a proceeds of crime investigation can be initiated.
Penalties available for production offences
The severity of the penalty applied in relation to production offences will depend on the individual circumstances of the case. The prosecution consider the size of the operation, the individual’s role in said operation and certain mitigating factors. The Sentencing Guidelines for Drug Offences outlines the range of sentences available for production cases:
Class A
Maximum: Life Imprisonment.
Offence range: Community Order – 16 years’ imprisonment.
Class B
Maximum: 14 years’ imprisonment and/or unlimited fine.
Offence range: Fine – 10 years’ imprisonment.
Class C
Maximum: 14 years’ imprisonment and/or unlimited fine.
Offence range: Fine – 8 years’ imprisonment.
There is more information on this issue in sentencing for drug offences.
If you have been arrested or charged for a drugs offence call or email Release for free and confidential advice.