Marijuana Grow-ops Lawyers

If you’re being charged with drug production for operating an illegal marijuana grow-op, don’t make the mistake of navigating the criminal justice system alone.

Call (604) 669-6699 (available 24/7) or email info@penderlitigation.com to chat with an experienced lawyer ASAP.

Accusations of hosting an illegal marijuana grow-op can lead to significant jail time, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But drug production cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.

Our first consultation is privileged and confidential, with no obligation on you.

When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.

Drug production cases can be won.

When you retain Pender Litigation, you’ll advance with an experienced cannabis lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting cases.

 

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What is Drug Production?

Illegal marijuana grow-ops are a form of drug production. Drug production occurs when you manufacture, without authorization, a Schedule I, II, III, IV or V substance. Drug production charges typically stem from allegations related to the operation of clandestine methamphetamine laboratories and illegal marijuana grow-ops.

Drug production is a contravention of the Controlled Drugs and Substances Act, which makes it a serious offence to make illegal drugs. While drug production is not a Criminal Code offence, it is prosecuted in the same manner as a criminal offence and carries criminal penalties. 

Drug Production in the Controlled Drugs and Substances Act

Allegations of running an illegal marijuana grow-op typically lead to drug production charges. Concerning production of substance, section 7 of the Controlled Drugs and Substances Act states

7(1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.

Punishment

(2) Every person who contravenes subsection (1)

  1. if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
  2. if the subject matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
    1. for a term of one year if the production is for the purpose of trafficking, or
    2. for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
  3. [Repealed, 2018, c. 16, s. 197]
  4. if the subject matter of the offence is a substance included in Schedule III or V,
    1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
    2. is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
  5. where the subject-matter of the offence is a substance included in Schedule IV,
    1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
    2. is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

Factors

(3) The following factors must be taken into account in applying paragraphs (2)(a) and (a.1):

  1. the person used real property that belongs to a third party in committing the offence;
  2. the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
  3. the production constituted a potential public safety hazard in a residential area; or
  4. the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.