Effectively, Growing Your Own Has Been Decriminalised (in the UK)
111 replies, posted
It has been decriminalized in the UK to grow your own cannabis, as long as it's for personal use (so up to 9 plants that produce 40g each!). This is a big step in regards to the legalization of cannabis in the UK. However, it is still illegal, therefore fines are in places. It's like speeding really, you can be fined for it, and it's illegal, but the only repercussion (bar killing someone / harming someone etc.) is a fine and a smack on the wrist.
[QUOTE][B]1.[/B] Section 125(1) (a) of the Coroners and Justice Act 2009 provides that:[I]“Every court – (a) must, in sentencing an offender, follow any sentencing guideline which is relevant to the offender’s case, and (b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, unless the court is satisfied that it would be contrary to the interests of justice to do so.”[/I]The guideline will apply to all offenders aged 18 and older, who are sentenced on or after 27 February 2012, regardless of the date of the offence.It seems therefore that while these are “only” guidelines, the courts are obliged to follow them or, presumably, sentences outside these guidelines would be subject to appeal on those grounds alone.[B]2.[/B] So the government, yet again, tinkers around the edges of a badly implemented interpretation of a mechanism designed to reduce harms from drugs. The whole of the current drugs policy is in a total mess and needs restructuring from the bottom up. As Prof Nutt recently told Sky News: “[I]The drug laws are not based on any kind of sense or evidence so any sentencing for drugs is questionable. What we should be doing is properly revising the drug laws so that the sentencing is proportionate to the harm of drugs[/I]”However, we are where we are and, all things considered, these new guidelines appear to be a major step in the right direction generally for small scale home growers and specifically for small scale home grow medicinal users.
[B]3.[/B] A key statement appears in the Response to Consultation document, question seven – ”[I]Should “medical evidence that a drug is used to help with a medical condition” be included as a mitigating factor for possession offences?”[/I]
There was resistance to this suggestion from CPS and ACPO but the conclusion was stated as follows:
“…..[I]numerous other consultees, including the International Drug Policy Consortium (IDPC), the Magistrates Association and Drugscope, referred to evidence of the medical bene?ts that the active ingredients of cannabis have in the treatment of conditions associated with Multiple Sclerosis and some forms of cancer. It was suggested that if the offender can bring to court evidence that they have been attempting to obtain the drug by legal means and written evidence from their medical practitioner that the use of the drug can alleviate the symptoms of their illness, then this should be a convincing mitigating factor. Some respondents, including the Advisory Council on the Misuse of Drugs (ACMD) and the Council of Circuit Judges, were keen that the mitigation should also include cases where the offender believes that cannabis is helping with his or her medical condition but in reality it is having no or only a placebo effect. The Council agrees that where cannabis is used to help with a diagnosed medical condition this should serve as a mitigating factor. The following wording will be included at Step 2 in the de?nitive guideline: “Offender is using cannabis to help with a diagnosed medical condition”[/I].”
However, the specific phrase ”[I]Offender is using cannabis to help with a diagnosed medical condition” [/I]only appears at step two in the possession section of the guidelines document under “[I]Factors reducing seriousness or reflecting personal mitigation”[/I]. For all other sections this is the only reference to medical usage which is contrary to the implication of the statement in the Response to Consultation document. The apparent inconsistency and contradictory nature of these statements is a little worrying.
But assuming that possession and cultivation go hand in hand maybe the anomaly above can be ignored. So for medicinal users this mitigation requires a little bit of forward thinking by those affected.
[B]4.[/B] Firstly, to prove you have been attempting to “[I]obtain the drug by legal means”, [/I]approach your GP and ask for a Sativex prescription for your “[I]diagnosed” [/I]medical condition. It will probably be refused either on applicability or cost grounds. If you can, persuade your GP to record that you use cannabis and find it highly effective and safe and there are no apparent adverse effects. Even if your GP does not agree that it is having a beneficial effect, the guidelines recognise the “placebo effect” – if you beligve it is working for you, that is enough. However, if your GP ticks the ‘cannabis user’ box on the patient database it will automatically flag you up as a drug abuser so ask your GP to note that there is no “abuse” in your case.
Secondly, enquire about a private prescription and get costs – these of course are prohibitive and beyond the financial means of the majority, compared with street prices.
Thirdly, write to the Home Office and explain that, to avoid breaking the law, you would like an import licence for Bedrocan. Again this will be refused by letter.
From the wording it appears that there may be a degree of wriggle room even without the above evidence but they do choose their words carefully and the word “[I]diagnosed”[/I] is key, so make sure your diagnosis is recorded by your GP.
[B]5. [/B]The guidelines for Production/Cultivation are:
Lesser role ‘if own operation, solely for own use (considering reasonableness of account in all the circumstances).’
Category 3 : 28 plants (domestic operation with assumed yield of 40g per plant): Sentence range – Low level community order (see Annex 1) > 26 weeks’ custody
Category 4 : 9 plants (domestic operation with assumed yield of 40g per plant): Sentence range – Discharge > medium level community order (see Annex 1)
[B]6.[/B] There are also guidelines for importation and supply which set a limit of 100 grams: Sentence range – Band B fine (see Annex 2) > medium level community order (see Annex 1).
This could relate to importing Bedrocan from Holland or a group of friends “clubbing together” in much the same way as the cannabis clubs operate in Spain.
[B]7.[/B] The guideline for possession will no longer take any account of quantity: Sentence range – Discharge > 26 weeks custody
[B]The important point about these sentencing guidelines is that penalties have been reduced to such a level that I doubt whether the CPS will be interested in pursuing such cases, particularly not against medicinal users. Therefore, the police won’t be interested. These remain offences but with a little common sense and discretion we can now be free of the fear of persecution for growing and using cannabis.[/B]
[URL="http://clear-uk.org/wp-content/uploads/2012/01/Annex-1.jpg"][IMG]http://clear-uk.org/wp-content/uploads/2012/01/Annex-1.jpg[/IMG][/URL]
[URL="http://clear-uk.org/wp-content/uploads/2012/01/Annex-2.jpg"][IMG]http://clear-uk.org/wp-content/uploads/2012/01/Annex-2.jpg[/IMG][/URL]
[B]CAUTION. The possession, cultivation, production, supply and importation of cannabis remain illegal.[/B][/QUOTE]
Source: [url]http://clear-uk.org/effectively-growing-your-own-has-been-decriminalised-we-are-free/[/url]
holy shit
good job u.k.
[editline]28th January 2012[/editline]
wait, source?
Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.
Added it, sorry buddy. First news thread, forgot to add source. It's pretty great!
More reasons for assholes in this country to be even greater assholes
[QUOTE=A B.A. Survivor;34435693]Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.[/QUOTE]
Not really, you don't need to dish out on expensive equipment for your first grow and for personal use. The only reason it is expensive in some cases is because growing is illegal, especially when doing so with the intent to supply. Hence you have to buy high-tech equipment which will cost you a pretty penny in order to hide the evidence of your growing operation. Personal growing is cheap and easy and most importantly: fun.
Not sure how to feel about this, One of my parents works in addictions and they often have stories of people who have been screwed over pretty badly by substances such as this.
[QUOTE=A B.A. Survivor;34435693]Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.[/QUOTE]
Ya, no.
[QUOTE=BloodFox1222;34435729]Not sure how to feel about this, One of my parents works in addictions and they often have stories of people who have been screwed over pretty badly by substances such as this.[/QUOTE]
And this substance is less damaging than tobacco to the lungs.
You can grow cannabis in flower pots. It's probably not the best quality but I wouldn't know.
So, I don't really get it- Is it now fully legal to grow cannabis in the UK for personal use? Are there no legal repercussions for it, or are there now reduced legal repercussions for it?
is this for real
what about possession what happens if youre just found with it on your person
[QUOTE=Barnhouse;34435788]is this for real
what about possession what happens if youre just found with it on your person[/QUOTE]
this is only reinforcing what's already been happening in terms of the policing of marijuana in the UK- if you're found with possession only intended for you or your friends you're let of lightly if you're a kid or if you're much older you get a small fine that will barely scratch a hundred pounds - however the laws still stand for dealing to people with an intention to make money; you will be put away for a long, long time.
and just sayin, it takes an incredible amount of power to have an indoor farm- most of the people who go away for growing have most of their charge based on the fact they used power meter bypasses and things
[QUOTE=Glorbo;34435766]So, I don't really get it- Is it now fully legal to grow cannabis in the UK for personal use? Are there no legal repercussions for it, or are there now reduced legal repercussions for it?[/QUOTE]
From what I can gather, the article outlines a method that allows you to grow it illegally but the repercussions are so minor that you most likely won't even get in trouble because nobody wants to bother with it. I'm not sure if I read it right though.
are there any other sources for this?
[QUOTE=Glorbo;34435766]So, I don't really get it- Is it now fully legal to grow cannabis in the UK for personal use? Are there no legal repercussions for it, or are there now reduced legal repercussions for it?[/QUOTE]
It's decriminalized. It means it is no longer a criminal offense to grow cannabis for personal use. It is still a civil offense and will net you a fine.
[QUOTE=A B.A. Survivor;34435693]Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.[/QUOTE]
You twelve?
My friend took some pots and soil from his backyard and grew it in his attic. Got a lamp and aimed it at the plants. He waters it with a waterbottle. He eventually just stuck the plants in his backyard and they've been ok ever since. They're plants ffs, it's not like you're going to be a burn victim from MAKING THE WEEDZ and die from WEEDZ CHEMIKALZ INHALASHUN!
Seriously though, no use for me really. I quit almost a year ago. Sober and healthy :)
I'd grow it and sell it anyway. Fuck the powlice.
[QUOTE=A B.A. Survivor;34435693]Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.[/QUOTE]
Only if we're talking about growing cannabis to get really damn strong dank.
That obviously requires hydroponics, growth lamps, constant temperature monitoring and fertilizing.
[QUOTE=Van-man;34435935]Only if we're talking about growing cannabis to get really damn strong dank.
That obviously requires hydroponics, growth lamps, constant temperature monitoring and fertilizing.[/QUOTE]
Why would you want to grow shitty weed in the first place?
[quote](so up to 9 plants that produce 40g each!)[/quote]
Holy shit.
Suddenly, weed fucking everywhere
Yessss. Now I can start growing a new batch!!
[QUOTE=BloodFox1222;34435729]Not sure how to feel about this, One of my parents works in addictions and they often have stories of people who have been screwed over pretty badly by substances such as this.[/QUOTE]
marijuana kills 3billion a day
not even once
[img]http://wbpd.com/dare.gif[/img]
[QUOTE=A B.A. Survivor;34435693]Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.[/QUOTE]
yes, after all you need to water it with human blood
[QUOTE=A B.A. Survivor;34435693]Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.[/QUOTE]
Supercheap and easy and fuck.
My friend will be glad to hear this he's been looking for a decent dealer for a while and been thinking about just growing it instead.
I'm assuming this applies to Scotland too.
[QUOTE=A B.A. Survivor;34435693]Growing your own cannabis is stupidly hard and expensive.
I don't see why anyone would want to do it.[/QUOTE]
Depends on the quality/amount you want to grow.
Where would someone get the seeds then? I guess buying seeds is still illegal?
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