Cannabis Valuation Expert Witness Case Study 9

Independent forensic expert evidence in a cannabis valuation case

Bericon Forensics was instructed to provide independent forensic expert witness evidence in a criminal case involving the cultivation and valuation of cannabis.

The prosecution had estimated the potential yield and value of cannabis plants recovered from a property. These figures were relevant to the alleged scale and purpose of the cultivation.

The defendant maintained that the prosecution’s assessment overstated the quantity of usable cannabis that the plants were capable of producing.

The forensic expert’s instructions

A forensic drug expert witness was asked to review the cannabis evidence and provide an independent assessment of its potential yield and value.

The forensic expert considered:

• the number of cannabis plants recovered;
• the age, size and stage of development of the plants;
• the health and viability of the plants;
• the growing conditions and cultivation equipment;
• the likely quantity of usable cannabis material;
• realistic wholesale and street values; and
• whether the prosecution valuation was scientifically justified.

Independent forensic cannabis valuation

The forensic expert explained that a cannabis valuation should not be based solely on the number of plants present.

Plant yield can vary substantially according to the variety of cannabis, stage of growth, plant health, cultivation conditions, lighting, available space and the experience of the grower.

Immature, unhealthy or poorly developed plants may produce significantly less usable cannabis than mature plants grown under effective conditions. Some plants may fail to produce a viable crop at all.

The expert therefore assessed the available evidence concerning the plants and growing set-up before estimating a realistic potential yield.

The valuation also required consideration of how the cannabis was likely to have been sold. A valuation based on individual street deals may produce a much higher figure than valuation in larger quantities.

Expert witness conclusion

The forensic drug expert witness concluded that the prosecution’s estimated yield and valuation should not be accepted without closer examination of the individual plants and cultivation conditions.

A simple calculation based on plant numbers could overstate both the likely amount of usable cannabis and its potential value.

The independent forensic assessment provided a more realistic evaluation of the cannabis evidence and explained the limitations of the prosecution figures.

Significance of the forensic expert review

The expert evidence enabled the court and legal representatives to consider the likely scale of the cultivation using an assessment based on the physical evidence rather than a theoretical maximum yield.

This case demonstrates the importance of obtaining independent forensic expert evidence where cannabis yield or valuation may affect the alleged level of production, the distinction between personal use and supply, or the applicable sentencing category.

Instruct a cannabis valuation expert witness

Bericon Forensics provides access to experienced forensic drug experts and expert witnesses for criminal cases involving:

• cannabis cultivation;
• cannabis plant yield;
• drug valuation evidence;
• personal use and alleged supply;
• assessment of growing equipment;
• plant health, maturity and viability;
• wholesale and street-level valuations;
• review of police drug expert reports;
• Proceeds of Crime Act proceedings; and
• independent expert witness reports.

Our forensic drug experts can assess cannabis plants, cultivation evidence, likely yield and realistic market value, and prepare clear reports for solicitors, counsel and the court.

Contact Bericon Forensics to discuss the instruction of a cannabis valuation expert witness.