If someone rents premises to others to grow cannabis, could they be liable under S6(2)?

• A. Yes
• B. No
• C. Only if they supplied equipment
• D. Only if they physically grow the plants

Answer: (A)

A landlord or person who controls premises can be liable simply for allowing those premises to be used for the production of a controlled drug. Under the relevant misuse of drugs offence, if someone knowingly permits their property to be used to grow cannabis, they are considered knowingly concerned in the production, even if they don’t grow or supply the drugs themselves. The key factor is awareness or reasonable grounds to suspect that the space will be used for cultivating cannabis, not personal involvement in the growing. So renting out premises to others to grow cannabis can amount to an offence under S6(2) because it amounts to facilitating the production of a controlled drug by permitting the use of the premises. If there’s no knowledge or suspicion, liability may not attach, but with knowledge or reasonable belief, the liability arises.