Online free quote
enquiries@fosters-solicitors.co.uk
01603 620508
Understanding cannabis cultivation laws is more important than ever, especially as public opinion shifts and medicinal cannabis enters regulated use. Despite broader conversations around decriminalisation, growing cannabis without a licence remains a criminal offence with severe penalties. This guide breaks down what’s legal, what isn’t, and how the law handles cannabis cultivation in practice.
Cannabis is a Class B controlled substance under the Misuse of Drugs Act 1971. This means unauthorised possession, production, or cultivation is illegal. Cultivation of cannabis is addressed directly in Section 6 of the Act:
“It is an offence for a person to cultivate any plant of the genus cannabis except under and in accordance with a licence issued by the Secretary of State.”
Despite medicinal cannabis being reclassified in 2018 to allow specialist prescription, this change does not legalise home-growing or unsupervised cultivation for personal medical use.
The law draws sharp distinctions between different activities involving cannabis:
Each of these is treated differently in court depending on the context, quantity, prior offences, and presence of aggravating factors.
Yes – but only under very limited and highly regulated circumstances. Cultivation is legal if:
Licences are granted sparingly and typically only to organisations with security protocols and proven pharmaceutical or agricultural research capability.
Most personal or small-scale growers will not meet the threshold for approval.
There is no provision that allows home cultivation for:
Even one plant grown for self-treatment is still a breach of Section 6 and prosecutable.
The Sentencing Council provides tiered guidance based on quantity, sophistication, and criminal intent.
| Offence Type | Typical Plant Count | Common Sentence |
|---|---|---|
| Personal use cultivation | 1–9 plants | Community order or suspended sentence |
| Small commercial setup | 10–50 plants | 1–3 years imprisonment |
| Organised crime scale | 50+ plants or multiple sites | 5–10 years imprisonment |
Fosters Solicitors’ Crime & Business Defence team successfully represented a landowner charged with conspiracy to cultivate cannabis and abstracting electricity on the basis of a large cannabis factory being found on his land. We successfully argued he had no knowledge of real use of the premises resulting in him being found not guilty – so no punishment or fine.
Police usually respond based on intelligence – tip-offs, unusual electricity usage, or odour complaints. If evidence of cultivation is found, they can:
Some forces may issue a warning for first-time offenders with very small grows, but this varies regionally and is increasingly rare.
Several MPs and legal campaigners advocate for change. They argue that small-scale personal growing should be decriminalised, especially for verified medical use. Key proposals include:
To date, no major reforms have passed in Parliament, but pressure is building, especially following legalisation moves in Germany and parts of the US.
No. Growing cannabis is illegal unless you hold a special Home Office licence. Even a single plant is a criminal offence under Section 6 of the Misuse of Drugs Act 1971.
No. Home cultivation for medical use is not currently legal, even with a prescription. All medical cannabis must be prescribed and dispensed through authorised providers.
Penalties range from fines and community orders to 14 years in prison, depending on scale, intent, and prior offences.
No. Even CBD plants must be grown under a Home Office licence. Homemade CBD extraction is not permitted under the law of England and Wales.
Common signs include electricity bypassing, strong odours, condensation, or heat signatures. Police often act on local reports or power company alerts.
No. There is no exception for personal or recreational growing. Any cultivation is a criminal offence.
Yes, but only under strict licence. These farms grow cannabis for research, medical manufacturing, or low-THC hemp production.
There are growing calls for reform, but no current government plans to decriminalise personal cultivation or recreational use.
If you’ve been charged with a cannabis-related offence, our Criminal Law Solicitors can help assess your case and protect your rights.
Contact us for more information.
This article was produced on the 5th June 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
