Facts. Police attend Sam's flat for an unrelated reason and see a few plants in a cupboard. Sam, 35, says they are for his own use. He has no previous record.
What the law says. Cultivation (MDA s.6(2)) has a maximum of 14 years, with an offence range from a Band A fine to 8 years.[1] No warning scheme covers cultivation: the cannabis warning applies to possession only.[13] If convicted, a credible own-use account puts Sam in the lesser role, and the plant count is compared with the indicative 7-plant (Category 4) level. Below that, the court adjusts downwards within the Category 4 lesser range (Band B fine to medium CO), but 7 is not a permitted number.[1]
| If… | Then… |
|---|---|
| Very few plants, first time, credible own use, cooperation | Police may consider a caution or conditional caution, or charge → fine / low-level CO |
| Around 7 plants | Cat 4 lesser starting point: low-level CO |
| Repeat grow after a previous caution or conviction | Charge likely; previous record is statutory aggravation |
| Lights, fans or hydroponics in a dedicated room | Aggravation ("specialist equipment" / ongoing operation) |
| Any sign of selling | Significant role → custody range |
Other consequences. Forfeiture of equipment (MDA s.27); a landlord may seek possession (Scenario 9); home insurance may be invalidated.
Myth. "Personal-use growing has a 5-year maximum." The cultivation maximum is 14 years; 5 years is the possession maximum.[1][2]
Rights. Do not accept a caution before taking legal advice: it is an admission and goes on your record.