E. Cultivation of and dealing in cannabis plant and opium poppy

E. Cultivation of and dealing in cannabis plant and opium poppy

Section 9 of the Dangerous Drugs Ordinance (Cap. 134) prohibits the following activities in relation to any plant of the genus cannabis or the opium poppy: 

1. cultivation of cannabis except Government Chemists who, in the capacity of such, and as may be necessary for the exercise of his employment; 
2. supply or procure, or offer to supply or procure; 
3. deal in or with, or offer to deal in or with; 
4. import into or export from Hong Kong, or do any act preparatory to or for the purpose of importing or exporting; 
5. possession unless it is in transit from a country from which it may lawfully be exported to another country into which it may lawfully be imported (see section 14 of the Ordinance). 

Sentencing 

The maximum penalty for cultivation of or dealing in cannabis and opium poppy is a fine of $100,000 and imprisonment for 15 years. 

Sentencing factors include: 

1. Role of Defendant (ascending aggravation) 
2. Cultivators – namely tending the plants on instructions; 
3. Managers or operators – doing their tasks on instructions including making arrangements for the plants to be cultivated and making rental payments; 
4. Organisers – setting up such operations;  
5. Severe sentences for those who control a large network of such operations than those for organisers. 
6. Cultivation modes (ascending aggravation) 
7. involving no element of regular supply of any kind; 
8. the cultivation of cannabis plants was for the offender’s own use and was not an overall commercial operation for profit but did involve supply to others; 
9. the operation was designed for profit. 
10. the personal circumstances, character and any criminal history of the defendant are relevant factors; and  
11. unlawful abstraction of electricity involved in the operation constitutes an aggravating factor. 

Sentencing guidelines for cultivation in cannabis (estimated annual yield in grammes):