Mark Rivers, owner of the Mushroom Headshop and CBD botanicals shop, has come to be the 1st individual in the U.K. to get a conviction for promoting CBD Flower. A lot like his trademark gold chains, this case has left its mark. An vital precedent has been set.
Victim of ignorance or savvy profiteer? If you think Mark Rivers, he didn’t know any superior. Soon after reviewing all the facts at hand, the far more cynical amongst us might suspect he willingly attempted to pass off illegal merchandise.
Currently identified to the police for promoting Class B synthetic cannabinoids, he continued to sell formerly legal highs extended just after they had been banned. Rivers attempted to legitimize a thing he knew was illegal, blatantly flouting the law along with a lot of other folks who mistakenly think that pleading ignorance is a get out of jail cost-free card.
Misguided beliefs give no immunity – you will nevertheless be prosecuted.
Mark Rivers declared on his Facebook web page that he didn’t thoughts performing time in prison for a fantastic lead to and fighting for our rights. These noble intentions had been quickly abandoned when he realized this was not going to go away.
In truth, the higher fantastic is not promoting illegal merchandise that bring the whole market into disrepute. It serves only to undo the difficult perform that has been performed by the CTA, its members, and all accountable organizations all through the sector who strive to self regulate and bring credibility to the CBD market.
In spite of preceding threats of protests, petitions and touting the well-known myth that the low THC content material did not quantity to an offence, it ultimately dawned on Mark Rivers that this was not an sufficient defense and rather than go to trial, he pleaded guilty to possession with intent to sell, giving complete facts of his supplier.
Let’s be entirely clear. There are no loopholes or grey regions no matter what your supplier tries to inform you.
Rule quantity 1, by no means take legal tips from the individual who stands to profit from you. They have no care beyond having you to element with your money. When you buy illegal goods, it is your duty alone and you that will face enforcement.
Trust the pros. Miss Hitchens, a House Workplace specialist, sent a statement of proof that hemp flower is in truth, a controlled drug no matter what the THC content material is.
This removes any shadow of doubt and leaves no spot to hide – flower and bud is illegal. It cannot be stressed adequate and the CTA have been saying it repeatedly for years. It is not legal, you can’t sell it. Do so and danger seizure of goods and assets, fines and/or legal process with the possibility of imprisonment.
Misuse of Drugs Act 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)mature stalk of any such plant,
(b)fibre produced from mature stalk of any such plant, and
(c)seed of any such plant;
Whether it is hemp or cannabis – MoDA makes no separate distinction. it is all classed as cannabis and is illegal. Only the stalk and seed become non controlled and therefore legal, once separated from the plant.
Everything else remains a controlled Class B drug and carries severe penalties.
- The maximum penalty for possession of cannabis is five years 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 sentence is 14 years
Rivers was duly charged with possession with intent to supply a Class B drug, namely cannabis. This resulted in a fine, which under the circumstances, was deemed to be a very lenient sentence and one that he wisely decided not to appeal. In addition, failure to pay the fine within 3 months will 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 to determine how much has been sold and earned. While this was a U.K. first, a nationwide crackdown is taking place and we can expect to see more of these cases appearing.
Yes, the laws are outdated and need reviewing but we will only effect change by working alongside the authorities, professionally and within legal parameters. Irresponsible companies like the Mushroom Headshop and fellow high profile case, Canna Kitchen, risk undoing the steady progress that has been made and jeopardize an industry in its infancy.
Disturbingly, both attempted to claim the goods they sold were the same as every other legitimate CBD business in the area such as Holland and Barrett. A very poor tactic indeed and a last resort to try and tar everyone with the same brush in a bid to save themselves, regardless of the consequences.
Despite the negatives, this case serves as a stark warning to other sellers of flower and bud. Put simply, don’t do it.
Any person that would like help, guidance or a friendly chat about this can contact the CTA, there are no requirements to become a member.