March 01 2011
A recent ruling from the Court of Appeal has put new light on indoor cannabis cultivation - how will this affect your case?
In previous cases, much of our work addressed what was considered over-estimation (by the prosecution) of potential yields from cannabis crops to give the impression that cultivation may be for supply rather than personal use. One Prosecution laboratory had been using an estimate of 57g per plant, whereas another was using 40g per plant. We have been successful in a number of cases in addressing the balance of this to look at what may or may not be realistically achievable. Immature or poorly cultivated plants, for instance, would not be expected to yield as much of the active drug as fully grown plants.
The recent case of R –v- Auton (www.bailii.org/ew/cases/EWCA/Crim/2011/76.html) made some significant recommendations, including:
Issues such as whether the plants are seed grown or cutting grown (which dramatically affects yield), the health of the plants and whether leaves are being kept or discarded still need to be considered. Furthermore, outdoor cultivation arguably falls outside the scope of the ruling.