Live Stoner Chat UK Sentencing Guide for Cultivation,Possession,Impotation & Intent to supply

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I found this on Just Femized.com

Whilst none of us want to be in the situation where we find ourselves in the hands of the plod, it can be useful
to know what your legal position when it comes to the sentence you could receive.

Until we live in a saner world and our drug laws are reformed this could be a useful guide.

I have had to delete the story that went with this guide, about a guy who smuggled 350g of hash from Spain. This post was limited to 20000 characters, which is the reason I had to delete this section.
To read the full story follow the link - http://sentencingguidelinesforcannabis.blogspot.ru/

Sentence Guide for Cultivation, Possession, Importation and intent to supply Cannabis a Class B Drug


This is a guide as to what will happen if you are caught by the police with cannabis in most situations. Growing Cannabis, trying to bring it in from another country or just caught with a stash at home. This outlines the UK Cannabis Laws and what a judge will use to determine your sentence.

Sentencing Guidelines for Cultivation of Cannabis, Growing a Class B Drug in the UK[/paste:font]
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

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Sentencing Guidelines for Importation of Cannabis a Class B Drug in the UK[/paste:font]

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[/paste:font]

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
 
About time they started to underestimate what a plant can yield, now they need to start to underestimate the value of the weed, rather than quoting some ridiculous street dealer price.

If they catch you with it in individual gram or 1/16th packs then fair enough, but if they catch you with bulk then it should be estimated at a bulk price.

The best thing though is to do everything you can not to get caught, stealth, stealth & stealth and tell no one.. maybe I should say it a little louder just in case "TELL NO ONE" ( this is for anyone who doesn't get it)

In the story I had to delete the guy got caught with some pollum and ....wait for it....100g of SOAP BAR!!

If someone is gonna take the risk of smuggling some hash, don't for feks sake, smuggle SOAP BAR on your person!! It it is filthy dirty GAK cut with who knows what!

Basically don't have anything to do with soap bar ever.
 
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