Young Cannabis plants found possession, not supply
The defendant appealed against his conviction for growing cannabis with intent to supply. He was found to have 35 plants and appropriate equipment for preparing the produce for division and supply. He said that since the plants had no flowering heads, he was not yet in possession of the drug.
Held: The possession of the juvenile plants was sufficient to found the charge of possession, but he was not yet in possession of those parts of the plant which might be sold, and the charge of possession with intent to supply failed.
Richards LJ, Rafferty, Paget QC JJ
[2011] EWCA Crim 1180, [2011] 2 Cr App Rep 15
Bailii
Misuse of Drugs Act 1971 4(2)(b) 5(3)
England and Wales
Citing:
Cited – Auton and Others v Regina CACD 3-Feb-2011
The court heard appeals against sentence for small scale production of cannabis.
Held: The court considered the use to which the product of cultivation was to be put. Hughes LJ observed: ‘The proper inference as to what the cultivation . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.441299
