The first flower prosecution in the UK and why.

THE FIRST FLOWER PROSECUTION IN THE UK AND WHY IT HAPPENED…

Legal whole flowers and the Loch Ness monster have alot incommon, both non-existent but highly enduring myths. Each has an army of emphatic followers who firmly believe in them, contrary to evidence that says otherwise. Abrowser search does nothing to resolve the situation.

A landmark UK first conviction for selling CBD flower puts the matter firmly to bed.

Mark Rivers owner of the Mushroom Headshop and CBD Botanicals shop has become the recipient of that dubious honour.An important precedent has been set.

Victim of ignorance or savvy profiteer? If you believe Rivers, he didn’t know any better.After reviewing all the information at hand, the more cynical amongst us may suspect the latter.Flouting the law along with many others who mistakenly believe pleading ignorance is a get outof jail free card.

Misguided beliefs offer no immunity.You will still be prosecuted.

Rivers declared on his Facebook page that he didn’t mind doing time in prison for a good cause and fighting for our rights. These noble intentions were soon abandoned when he realised this was not going to go away.In truth, the greater good is not selling illegal products that bring the entire industry into disrepute. It servesonly to undo the hardwork that has been done by every responsible company throughout the sector who strive to self regulate and bring credibility to the CBD industry.

Despite previous threats of protests, petitions and touting the popular falsehood that the low THC content did not amount to an offence, it finally dawned on Rivers that this wasnot an adequate defence and rather than go to trial he pleaded guilty to possession with intent to sell, providing full details of his supplier.

There are no loopholes or grey areas no matter what your supplier tries to tell you.

Rule number one, never take legal advice from the person who stands to profit from you. They have noconcern beyond getting you topart with your cash. Once you purchase illegal goods, it is your responsibility alone and you that will face enforcement.

Trust the professionals. MissHitchens, a Home Office expert,sent a statement of proof that hemp flower is, in fact, a controlled drug no matter what the THC content is.

This removes any shadow of doubt and leaves no place to hide, flowers andbud areillegal.

It can’t be stressed enough and the CTA have been saying it repeatedly for years. Itisnot legal, you cannot sell it. Do so and risk seizure of goods and assets, fines and/or legal procedure with the possibility of imprisonment.

Misuse of DrugsAct 1971, section 37: [F1“cannabis” (except in the expression “cannabis resin”)means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant,namely—

(a)maturestalkofanysuch plant, (b)fibre produced from mature stalk of any such plant,and (c)seed of any such plant;

The top two pieces of misinformation dispensed to justify the legitimacy of flowers and bud are:

FICTION It’s hemp therefore legal

FACT Hemp or Marijuana, they are both plants of the genus. Cannabis and the law makes no distinction between the two. Cannabis is a class B drug.

FICTION If it contains below 0.2% THC content it’s legal.

FACT THC levels are irrelevant,it is the part of the plant that makes it illegal.

Only seed and stalk become non-controlled, onceseparatedfrom the plant and therefore legal.

Everything else remains a controlled Class B drug and carries severe penalties.

Penalties:

•The maximum penalty for possession of cannabis is fiveyears imprisonment. A magistrate's court can also impose a fine of up to £2,500.

•If you're prosecuted for supplying or producing, the maximum prison sentenceis14years.

Rivers was duly charged with possession with intent to supply aClass Bdrug, namely cannabis. This resulted in a fine, which under the circumstances was deemed to be averylenient sentenceand onethathe wisely decided not to appeal. In addition, failure to pay the fine within 3 months would result in an instant two-month incarceration. Any future offences relevant to this will lead to further severe punishment.

The judgement was based on the amount found, approx 7.76 grams and the amount earned. Anyone found with over 30 grams will face much stiffer penalties and custodial sentences. The police can and will investigate sales todetermine how much has been sold and earned.

While this was a UK first, a nationwide crackdown is taking place, we can expect to see more of these cases appearing.

Yes, laws areoutdatedand need reviewing but we will only effect change by working

alongside the authorities, professionally and within legal parameters.

Irresponsible companies like theMushroom Headshop and fellow high profile case, Canna Kitchen, risk undoing the steady progress that has been made and it jeopardises an industry in its infancy. Disturbingly,bothattemptedtoclaim the goodstheysoldwerethesame as every other legitimate CBDbusiness in the area such as Holland and Barrett. A very poor tactic indeed and the last resort to try and tareveryonewith the same brush in abid to save themselves, regardless of the wider ramifications.

This case serves as astark warning to other potential sellers of flower and bud. Simply put,don’t do it.Indeed Rivers himself has learned the hardway and appears to have turned over a new leaf,so to speak.He now encourages other sellers to operate within the lawand avoidprosecution. Sound advice.