Recreational cannabis use is prohibited in the United Kingdom but some cannabis dispensaries still exsist. However, in November 2018, the UK legalized the use of cannabis for medical purposes. Cannabis regulations in the UK forbid anybody from cultivating, producing, or distributing cannabis for any reason unless the Home Office has granted permission. However, under the UK's limited medical marijuana program, eligible patients may own and use specified dosages of cannabis drugs.
Currently, the UK government categorises cannabis as a Class B drug. This classification has been in place since the Misuse of Drugs Act 1971 passed except for a brief period when cannabis was made a Class C drug. Following expert advice, the Tony Blair government sought to decriminalise cannabis possession when it downgraded it to a Class C drug in 2004. This meant that cannabis-related crimes attracted less severe penalties and law enforcement spent less time policing marijuana offences. During this period, there were fewer arrests for such offences in the UK. However, these gains were reversed in 2017 when Gordon Brown became the new Prime Minister. His government moved cannabis back to a Class B category, leading once more to more severe penalties for cannabis offences.
Timeline of Cannabis Laws in the UK
- 1928: The United Kingdom officially declared its official stance on the legality of cannabis, decades after the drug first attracted public attention in 1842. The government revised its Dangerous Drugs Act 1920 with an addition that adds cannabis to the list of illegal restricted substances. Cannabis and its products could not be grown, produced, sold, possessed, imported, transported, distributed, or exported in England, Scotland, North Ireland, or Wales.
- 1971: The Misuse of Drugs Act was passed by the UK Parliament as a collective legal framework for its accords to the United Nations Convention on Psychotropic Substances (1971), the Single Convention on Narcotic Drugs (1961), and the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). Classes A, B, C, and Temporary Class are the four categories of prohibited substances that the UK designated under this Act. Cannabis was put in the second highest category, Class B.
- 2004: Cannabis was decriminalised in the UK with the government moving it from Class B to Class C. This downgrade was recommended by the Advisory Council on the Misuse of Drugs (ACMD) and came with less severe penalties for cannabis-related crimes.
- 2008: A new UK government reversed a downgrade of cannabis by recategorizing it as a Class B drug against the advice of the ACMD. The number of cannabis-related arrests rose once more in the UK as Class B drugs required sterner policing and more severe penalties.
- 2018: The UK made medical cannabis legal following public anger over the NHS denying two epileptic children (Billy Caldwell and Alfie Dingley) continued cannabis medication. This change made medical marijuana legal in England, Wales, Scotland, and Northern Ireland.
Can I Use Cannabis in the UK?
The only kind of cannabis approved in the UK is medical cannabis. The recreational use of marijuana is strictly forbidden in the UK. To qualify for medical cannabis, a patient must be diagnosed with one of a few debilitating medical conditions such as a rare form of epilepsy and spasticity caused by multiple sclerosis. Only physicians who are registered in the General Medical Council's Specialist Register may prescribe medical cannabis in the United Kingdom. In the UK, authorized medicinal cannabis users are not permitted to smoke cannabis, but they are permitted to eat it.
Penalties for Cannabis-Related Crimes
The most common cannabis offence in the UK is possession. The severity of this offence depends on the amount of cannabis the offender has in their possession and whether they are a repeat offender or not. UK drug laws allow first offenders to settle out of court. In most cases, offenders are not even booked at local police stations. There are three out-of-court settlement options available to persons arrested with cannabis in their possession. These are community resolution, penalty notice for disorder (PND), and conditional caution.
UK law enforcement officers usually opt for community resolution if the arrest or offence of cannabis possession does not involve aggravation or any form of violence. This option is also the one given to most first offenders. It requires the offender to admit guilt and participate in a diversion scheme, usually a drug education class. One community resolution is allowed in a 12-month period. A community resolution also does not show up in the offender’s criminal record.
An offender issued a PND must pay the fine amount listed in the notice or contest the notice in court within 21 days. If found guilty, the offender will get a criminal conviction that appears on their criminal record. If they choose to pay the fine, they will not be charged. If they fail to pay the fine within the stipulated period, they will get a heavier fine.
A more severe out-of-court settlement for cannabis offenses is a conditional caution. It results in a fine and participation in a diversion scheme. However, a conditional caution appears on the offender’s criminal record. If a violent or repeat offender is not eligible for any of these three agreements, they will face charges in a criminal court. They might be fined up to £2,500 and/or imprisoned for up to three months if found guilty of marijuana possession in a magistrates' court. A cannabis possession conviction in a UK Crown Court also entails a fine and a jail term of up to 5 years. However, a significantly higher penalties will be imposed on anyone found to be trafficking or manufacturing cannabis unlawfully in the UK or a jail term of up to 14 years.
Is Gifting Marijuana A Crime In the UK?
Yes. Unauthorised cannabis transfers between persons, even without compensation, is illegal in the UK. Both the gifter and gift receiver may be arrested for cannabis possession. The gifter may also be charged for drug trafficking.
Can I Cultivate Marijuana In My Home?
No. UK’s cannabis law does not allow the home cultivation of cannabis even for qualified medical cannabis patients. Only businesses authorised by the Home Office can grow marijuana plants in the UK.
Is Transportation Of Marijuana Legal?
Yes. A Home Office license is needed to transport cannabis anywhere in the United Kingdom. Marijuana transportation is prohibited for both private and public transportation. Cannabis prescriptions may be carried by patients who meet the requirements of the UK's medicinal cannabis statute. However, they must have sufficient identity and confirmation that they are legally entitled to possess the amounts of cannabis on them when traveling their cannabis prescriptions. However, the law is unclear on mail-order cannabis.
What Is The Legal Implication Of Driving Under The Influence Of Marijuana in the UK?
Driving under the influence of marijuana is a crime in the UK. Law enforcement officers can conduct roadside drug assessment and are authorised to carry field drug test kits. Anyone caught driving while under the influence of cannabis may look forward to forfeiting their driving privileges for at least a year. They may also be fined and/or sentenced to up to 6 months in prison. If the drugged driving results in the death of another person, the court may give the offender a long prison sentence up to a maximum penalty of life imprisonment.
Possible Remedies For The Defendant Violating the UK Marijuana Laws
The most potent defence for anyone in a UK court fighting a marijuana offence is proving that they unknowingly had cannabis in their possession and, as soon as they discovered it, made reasonable efforts to destroy or transfer it to another party legally allowed to possess it.