The illegal growing of plants from which a controlled substance is derived or extracted, such as cannabis, the opium poppy, or the coca plant, without the license or authorization a jurisdiction requires for any legal cultivation. It is treated as a distinct offense from drug manufacturing, which involves the chemical synthesis or processing of a substance rather than growing a plant, and from drug distribution and trafficking, which concern the sale and movement of the finished product; a single illegal drug operation frequently involves more than one of these offenses at once. Cultivation offenses have been the subject of significant legal change in some jurisdictions where cannabis has been decriminalized or legalized for personal or licensed commercial growing, narrowing the conduct that remains criminal to unlicensed or large-scale operations.
Facts
Classification CodeUnder United States federal drug law, cultivation is absorbed into the broader concept of production: 21 U.S.C. 802 defines production to include the manufacture, planting, cultivation, growing or harvesting of a controlled substance, so an unlicensed growing operation is prosecuted as manufacturing rather than under a separate cultivation specific statute. 1 Typical PenaltyBecause cultivation is treated as manufacturing a controlled substance, penalties follow the federal manufacturing ladder: a first offense involving a Schedule I or II substance carries imprisonment of not more than 20 years under 21 U.S.C. 841(b)(1)(C). 2 Elements of OffenseThe underlying offense, prohibited acts under 21 U.S.C. 841(a)(1), requires knowingly or intentionally manufacturing, distributing or dispensing, or possessing with intent to manufacture, distribute or dispense, a controlled substance; because production is defined to include cultivation, growing a controlled substance plant without authorization satisfies the manufacture element. 2 Notable ExampleLarge scale illegal cannabis cultivation became a significant law enforcement target in the United Kingdom, where almost 7,000 illegal growing facilities were found by police in a single year during 2009 to 2010. 3 Jurisdiction VariationRegulations permitting outdoor cultivation of a controlled substance plant vary widely by jurisdiction: within the United States alone, some states bar outdoor growing entirely while others permit it under licensed or personal grow rules, reflecting the same jurisdiction by jurisdiction split found wherever cannabis has been decriminalized or legalized. 3 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
In the Other Atlases
Sources
1. 21 U.S. Code section 802 (Cornell LII)
Cornell Law School, Legal Information InstituteSection 802(22), definitionsQuote, Section 802(22), definitions
includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance
2. 21 U.S. Code section 841 (Cornell LII)
Cornell Law School, Legal Information InstituteSection 841(a)(1)
to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance
Section 841(b)(1)(C)
such person shall be sentenced to a term of imprisonment of not more than 20 years
View the Source 3. Cannabis Cultivation (Wikipedia)
WikipediaOutdoor cannabis cultivation section
Regulations permitting outdoor cultivation of cannabis vary from state to state in the US.
Indoor cannabis cultivation, Popularity and extent
in 2009-2010 almost 7000 illegal facilities were found by police in one year.
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