Monday, 27 March 2017

Legal Changes to Cannabis use accross the United Kingdom England, Ireland, Scotland and Wales

In the ever changing world of cannabis laws seem to be continuously changing and its becoming ever hard to keep up. Attitudes are forever changing and developed countries are reconsidering the ideas that surround the real benefits this great plant can have to offer. With all the positive feedback coming out of the USA from the rewards in medical treatment and revenue streams from legalization its a wonder how long it will take before the rest of the world catches up.

What we would like to explore here is really whats happening across the ocean in the UK and why its taking so much time for us to catch up. In the opinion of most modern thinking people its clear to see that the benefits of legalization of cannabis far outweigh the negatives. Legal cannabis in the UK would bring with it huge revenue to every day people and choice to the thousands of people who smoke it. In recent years its been a gamble as to the product you end up buying on the streets where as home growing for personal use give the smoker control over the strength and quality of the product they can smoke.

Clearly you can tell by this blog the way of our opinion towards Cannabis in the UK. What we want is to keep up to date with any changes that are coming and in turn spread the word to anyone else that's eagerly awaiting positive movement in cannabis legality.

As it stands in the UK cannabis has been declassified and it is generally accepted by the government when it comes to personal use on all levels. If you are caught with cannabis on you personally, so long as it is not a huge amount you will be given a fine. If you are caught cultivating cannabis generally if its under 9 plants it can be considered for personal use and at worst some community service program as a sentence. The question is really why waste all this police intelligence and UK tax payers money policing cannabis when there is no real punishment for the crime? Curently it is estimated that over half a million people grow cannabis in the UK. Surely legalization would save the tax payer Millions if not Billions of pounds every year.

If you have any news or updates regarding cannabis legislation in the UK please update.

Thursday, 19 February 2015

Importation of 350 Grams of Hashish from Spain to the UK - What will the Sentence in court be?

So at the end of last year i was out in Spain where i had an apartment that was being sold. I had 250 grams of Soap Hash Bar of a very nice standard and I also had a bar of Pollen which weighed 100 grams. The Pollen was very high quality and a fantastic smoke. The reason I bought the bars of hashish was because they were so cheap. Each bar cost me 150 euro’s so it worked out less than £250 for the lot which was bloody awesome for the quality.

So I sold the apartment, loaded the van and thought i would pack the hash into a few boxes in the back. It was not a massive planned operation, nor was it a profitable one at that as the cost of driving back from Spain to the UK is a lot more than you would have thought. Including Toll Fees, Petrol and the Ferry cost it is somewhere in the region of around £600 for a one way trip. I drove from Alicante all the way down to Bilbao  (8 hours) and got the Ferry from there to Portsmouth. When I drove off the boat, immediately I began to shit myself and realize the error of my way..!

As I drove off the boat they were letting all the vehicles drive straight through with a simple wave of the passport so naturally it seemed I was in the clear.

Out of every driver that came off the boat I was the only one they pulled over at the docks. The cannabis was well wrapped in around 7 layers of bags and brown tape, washed each time it was wrapped so it certainly was not the smell that got me pulled over. I was holding out hope and with nerves of steel i braved it. I got out and began talking as though everything was sweet as it could be and I could not have been friendlier if i tried. They searched the vans contents with every single item laid out on a bench next to me and began opening all the empty boxes and bags. They searched everything and finally it seemed i was in the clear when the guy starts unwrapping my tv box that the hash was in. I lit up a cigarette walked to the side and realised that was my last smoke of the day.

After finding the sealed brown package they decided to spend the next 4 hours dismantling the entire van. With a team of about 20 customs agents they took the whole thing apart and I mean everything. Of course they were not going to find anything, why would I leave 350 grams of puff for them to clearly find if i was hiding multiple kilograms somewhere else? It simply did not make sense!

So I was arrested by Portsmouth customs and excise and questioned under caution etc and finally taken to Portsmouth station. Where I was charged and placed in a cell which i thought was going to be my bed for the night. To be fair the officers there were very nice and the finger print guy even gave me some Ginster pies while i was chatting to him. He said it was just a job to earn money t finish his home building project and he even made me a decent cup of coffee.

So after a few hours of interrogations and most of the night in the cells came my interview. I openly admitted the whole thing from start to finish and said it was clearly not for profit and bought as a personal stash and they seemed happy with that and let me out to appear in court in the coming months ahead. It was funny actually because they offered to give me a lift to the station as it was the early hours of the morning by this time. One of the main customs officers drove straight into the barrier and i said to her she needs to lay off smoking on that pollen they took off me ;-)

So the court date at Portsmouth Magistrates finally arrived and so I appeared as requested and hired a good local lawyer to handle my case. I wanted to make a good impression so I turned up suited and booted for the occasion. The idea was to get it dealt with at the magistrate’s court as the maximum sentence they could impose was shorter. I think it is just 6 months they can impose without it having to go to crown court. This was likely to be suspended or at worst put on tag so I thought surely it should be dealt with at this occasion. So I’m waiting there the whole day with loser after loser going past thinking how prison life would turn me into a criminal rather than reforming me when it was finally time for me to get called up. I walked in and immediately realized this judge was one of those that was bullied as a child and absolutely loved and worshiped the sound of his own voice. I gulped and thought this is certainly not a good start. The judge took one look at it circled the box 6-12 months recommended sentence and sent me straight to crown court.

Now my balls had finally dropped and I was a little in panic mode!

So I am to appear in Crown court charged with Importation of a Class B drug to the quantity of 350 grams.

My question to you now is what sentence do you think i will get for this in Crown Court?

It has recently come to my attention that my previous friend and now associate had been caught the day before I was caught on the Ferry coming back from Spain. He had 40 Kilograms of Pollen. This guy is a slippery snake of a f...ker that would sell his granny at the first opportunity so guess what it is im thinking now?

Surely someone with no criminal record coming in from Spain the way i did wouldn’t get pulled at customs but i did and it certainly seemed to me that they had me as a target right from the start. I heard some very strange things on the radio mentioning words like having the target in mention with us now and the next boat doesn’t have any targets etc. This dirty snake was the only person who knew i had the hash in Spain because he was the one who got it for me. And he was the only person who knew i was coming back in the van that day so I’m guessing he has put it all on me like i am the main conspirator.

What do we reckon guys? Am I screwed?

Sentencing Guidelines for Cultivation of Cannabis, Growing a Class B Drug in the UK


This is a basic sentencing guideline for if you are caught growing cannabis and are summoned to appear in a UK Court.

Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.

Step 1 - Determine the offender's role then the category of harm.

The offender's role

Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.

Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.

Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale. If own operation, solely for personal use (considering reasonableness in circumstances)

The category of harm for Cannabis

Category 1

You will be in category 1 if your operation is considered capable of producing industrial quantities for commercial distribution. E.g. a factory, farming size greenhouses or houses dedicated to the growing of cannabis. Look for 'gardeners exploited and trapped in the set up, and networked operation cultivating cannabis over various sites'.

Category 2

You will be in category 2 if your operation is capable of producing significant quantities for commercial use. It is easy to identify the smaller operations that fall into category 2; they will be a room or loft dedicated to the growing and drying of cannabis; more 'cottage industry' than 'factory.'  What is not so easy is to distinguish top end category 2 from a category 1 case; the only difference between the 2 categories is category 1 is defined as the production of 'industrial' quantities as opposed to 'significant' quantities in category 2. 

Category 3

So long as your operation is 28 plants or less with an assumed yield of 40g per plant you will be in category 3.

Category 4

9 plants or less is considered a domestic operation.

It is worth noting that the guideline assumes a yield of 40g a plant. Up to now a plants yield has often been in issue; it may be that the guideline assumption of 40g a plant will become the standard projection in calculating a plants yield.
Step 2 - sentencing range guidelines for Cannabis Class B

Category 1

Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs

Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs

Lesser role: Starting Point: 3 yrs Category Range: 2-5 yrs

Category 2

Leading role: Starting Point: 6 yrs Category Range: 4-8 yrs

Significant role: Starting Point: 4 yrs Category Range: 2-5yrs

Lesser role: Starting Point: 1 yr Category Range: 26w-3 yrs

Category 3

Leading role: Starting Point: 4 yrs Category Range: 2-5 yrs

Significant role: Starting Point: 1 yr Category Range: 26w-3 yrs

Lesser role: Starting Point: Community Service Category Range: Community Service - 26wk

Category 4

Leading role: Starting Point: 1 yr Category Range: Community Service - 3 yrs

Significant role Starting Point: Community Service Category Range: Community Service - 26 wk

Lesser role: Starting Point: Band C fine Category Range: Discharge - Community Service

The sentencing starting point is adjusted up or down by a list of additional aggravating and mitigating factors set out in the guideline. Described as a non exhaustive list it may on occasion be appropriate to move outside the identified category range.

Aggravating Features – Will increase your Sentence if applicable

At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.

Aggravating factors including previous convictions, Offense committed on bail, likeliness of supply, use of unlawful electricity, evidence of previous growing, attempts to conceal or dispose of evidence, presence of others especially children,  presence of weapons, high potential yield or purity, community impact and breaches of current convictions or license.

Mitigating Features – Will decrease your sentence if applicable

Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.

This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps,  Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offense, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.

Step 3

Consider factors which indicate a reduction such as assistance to the prosecution

Step 4

Reduction for guilty plea

Step 5

Increase if more than one offense or the offender is already serving.

Step 6

Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders

Step 7

Reasons explanation for sentence – extenuating circumstances count

Step 8

Consider time spent on remand in custody or bail.

Ancillary Orders

POCA

Forfeiture orders

Sentencing Guidelines for Importation of Cannabis a Class B Drug in the UK

Sentencing Guidelines for Importation of Cannabis a Class B Drug in the UK

This is a basic sentencing guideline for if you are caught importing cannabis and find yourself having to appear in front of a UK court.

Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.

Step 1 - Determine the offender's role then the category of harm.

The offender's role

Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.

Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.

Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale.

The category of harm for Cannabis

Category 1 - 200kg Cannabis
Category 2 - 40kg Cannabis
Category 3 - 6kg Cannabis
Category 4 - 100 grams Cannabis

Step 2 - sentencing range guidelines for Cannabis Class B

Category 1

Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs

Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs

Lesser role: Starting Point: 4 yrs Category Range: 2-5 yrs

Category 2

Leading role: Starting Point: 6 yrs Category Range: 4-6 yrs

Significant role: Starting Point: 4 yrs Category Range: 2-5 yrs

Lesser role: Starting Point: 2 yrs Category Range: 18m-3 yrs

Category 3

Leading role: Starting Point: 4 yrs Category Range: 2 yrs 6m-5 yrs

Significant role: Starting Point: 2 yrs Category Range: 18m-3 yrs

Lesser role: Starting Point: 1 yr Category Range: 12w-18m

Category 4

Where the quantity falls below the indicative amount set out for category 4 above, 1st identify the role for the importation offense, then refer to the starting point and ranges for possession or supply offenses depending on intent.

Aggravating Features – Will increase your Sentence if applicable

At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.

Aggravating factors including previous convictions, use of under age 18 people in your operation, crime committed within the vicinity of a school, offence committed on bail, attempts to conceal or dispose of evidence, presence of minors, presence of weapons, high purity, failure to comply with current court orders and community impact will all be looked at so try to make sure as little of these apply as possible.

Mitigating Features – Will decrease your sentence if applicable

Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.

This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps,  Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offence, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.

Step 3

Consider factors which indicate a reduction such as assistance to the prosecution

Step 4

Reduction for guilty plea

Step 5

Increase if more than one offense or the offender is already serving.

Step 6

Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders

Step 7

Reasons explanation for sentence – extenuating circumstances count

Step 8

consider time spent on remand in custody or bail.

Ancillary Orders

POCA

Forfeiture orders

Destruction Confiscation orders

Travel restriction orders. Judge's have a wide discretion which has to be exercised carefully and has to be proportional R v. Mee 2004 Crim L R 487 and section 33 CJ and Police Act 2001

Deportation

If drugs imported by car or lorry a driving ban may be considered; section 146 or 147 of the Power of Criminal Court (Sentencing) Act 2000

Sentencing Guidelines for Possession of Cannabis with Intent to Supply a Class B Drug in the UK

This is a basic sentencing guideline for if you are caught in possession of cannabis and are summoned to appear in a UK Court.


Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.

Step 1 - Determine the offender's role then the category of harm.

The offender's role

Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.

Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.

Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale.

The category of harm for Cannabis

Category 1 - 200kg Cannabis
Category 2 - 40kg Cannabis
Category 3 - 6kg Cannabis
Category 4 - 100 grams Cannabis

Step 2 - sentencing range guidelines for Cannabis Class B

Category 1

Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs 

Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs 

Lesser role: Starting Point: 3 yrs Category Range: 2-5 yrs

Category 2 

Leading role: Starting Point: 6 yrs Category Range: 4-8 yrs

Significant role: Starting Point: 4 yrs Category Range: 2-5 yrs

Lesser role: Starting Point: 1 yr Category Range: 26w-3 yrs

Category 3

Leading role: Starting Point: 4 yrs Category Range: 2-5 yrs

Significant role: Starting Point: 1 yr Category Range: 26w-3 yrs

Lesser role: Starting Point: Community Service Range Community Service – 26w

Category 4 

Leading role: Starting Point: 18m Category Range: 26w-3 yrs  
Significant role: Starting Point: Community Service Range: Community Service – 26w

Lesser role: Starting Point: Community Service Category Range: Fine - Community Service

Aggravating Features – Will increase your Sentence if applicable

At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.

Aggravating factors including previous convictions, use of under age 18 people in your operation, crime committed within the vicinity of a school, offense committed on bail, attempts to conceal or dispose of evidence, presence of minors, presence of weapons, high purity, failure to comply with current court orders and community impact will all be looked at so try to make sure as little of these apply as possible.

Mitigating Features – Will decrease your sentence if applicable

Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.

This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps,  Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offense, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.

Step 3

Consider factors which indicate a reduction such as assistance to the prosecution

Step 4

Reduction for guilty plea

Step 5

Increase if more than one offense or the offender is already serving.

Step 6

Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders

Step 7

Reasons explanation for sentence – extenuating circumstances count

Step 8

Consider time spent on remand in custody or bail.

Ancillary Orders

POCA

Forfeiture orders