Correct on the date of publication - 23 March 2026
Question:
Is it against the law to grow a single cannabis plant for one's own personal use?
Answer:
Yes, it is illegal to grow one or any number of cannabis plants, whether for one's own personal use or for use by another unless, the production is lawfully permitted under an exception.
Section 6 of the Misuse of Drugs Act 1971 (MDA 1971) makes it an offence to cultivate a cannabis plant (referred to as genus Cannabis in the legislation). The term cultivation is to be given its ordinary and natural meaning, which includes acts such as planting, tending, harvesting, or otherwise encouraging the plants' growth.
Section 4 of the MDA 1971 provides that, subject to any regulations which the Secretary of State may make pursuant to section 7 of the Act, it is not lawful for any person to produce a controlled drug. Section 37 of the MDA 1971 defines produce as "producing a controlled drug by manufacture, cultivation or any other method", and production has a corresponding meaning.
The definition of cannabis includes the whole plant. It is reasonable to conclude that the growing of such a plant should be regarded as an act of 'production' and would also therefore contravene section 4 of the MDA 1971. In Taylor v Chief Constable of Kent [1981] 1 W.L.R. 606, it was decided that insofar as cannabis was concerned, the court 'equated production with its cultivation'. The Crown Prosecution Service guidance states:
"Production includes cultivation and, whilst there is a separate offence of cultivation of cannabis under s.6 of the Act, a charge under s.4(1)(a) of the Act of producing cannabis will usually be more appropriate for the reasons set out under Public Interest Considerations."
The exception to this is in the case of plants cultivated under a licence issued by the Secretary of State, generally for research purposes - see regulations 5 and 12 of the Misuse of Drugs Regulations 2001. See section 28(1) of the Act for the full wording of the defence to these offences where it can be shown by the accused that a lack of knowledge existed.
See also the question on 'aggravated supply of drugs'.
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