Facts. (a) Niamh, 26, is found with a small amount in Belfast. (b) Her brother is found growing two plants for his own use.
What the law says.
- (a) The PPS can direct an informed warning: "a formal reprimand by police, and although not a conviction, will be recorded on a person's criminal record for a period of one year". An adult caution is recorded for six years. Diversion requires an admission.[58][59] PNDs are not available for drug offences in NI (PSNI FOI).[60] Routine use of informed warnings for adult drug possession is [unverified].
- (b) The Judiciary NI guideline sets "Very small scale cultivation for personal use only (i.e. one or two plants)" at a starting point of a fine (range fine to community order); larger-scale cultivation starts at a community order (range to 6 months' custody). Aggravating factors include "Persistent use/cultivation of cannabis" and "Involvement of vulnerable/young persons". A mitigating factor is "Evidence drug used to help with a medical condition" (mitigation only, not a defence).[45]
Help. Law Centre NI; Advice NI; Release.