Cannabis and the law
Cannabis was legally used in the UK for textile production, medicinal and recreational purposes until 1928 but its classification has recently become a political hot potato.
Politicians, medics and the police are currently embroiled in a debate about how to classify cannabis. Much of the disagreement stems from a lack of clarity about the harm cannabis causes to mental health. This makes it hard to agree the severity of penalty that should be meted out to offenders who use or sell the drug.
Cannabis gets a C grade
Charles Clarke, the Home Secretary, decided last month not to do a U-turn on the classification of cannabis and controversially, it remains a Class C drug. This means it’s in the lowest class of drugs and sits alongside mild amphetamines – such as slimming tablets – anabolic steroids and benzodiazepine drugs like Valium.
Class of drugs
Drugs are classified under the Misuse of Drugs Act 1971 in the UK and current classification puts illegal drugs into three main categories. They can be Class A, B or C, with A earning the most serious punishments and fines.
Cannabis classification had been relaxed by the Labour government in 2004 from a B category and in a climate when police in Lambeth decided not to arrest for personal use. This was in order for police to focus their efforts on Class A drug offences, but concerns have since been raised about the link between cannabis and mental illness.
Legal lowdown
- It is illegal to possess, supply, cultivate, produce import or export cannabis.
- Simple possession carries a maximum sentence of two years in prison and a fine. Many first-time offenders will simply receive a caution.
- The Association of Chief Police Officers (ACPO) has issued guidance that there should be a presumption against arrest where someone is in possession of a small amount of cannabis. But it’s not a legal right.
- The presumption against arrest DOES NOT apply to young people. Young people caught in possession of cannabis WILL still be arrested under the Crime and Disorder Act 1998, which requires young offenders to be dealt with at the police station.
- The penalty for supply offences is 14 years. Technically, this includes passing somebody a joint.
- It’s illegal for occupiers of premises, or managers of premises, to allow them to be used for the production, supply or smoking of cannabis.
Prohibition only recent
Problems around classification and how they are perceived are recent as cannabis was only prohibited in 1928 in the UK. Until then its use was documented in mediaeval times and also acceptable in the tight-laced nineteenth century when Queen Victoria used it to relieve menstrual cramps.
Interestingly cannabis has a history of being used as a tool for political sparring. The first prohibitions arrived in the Middle Ages when in 1484 the Pope, Innocent VIII, outlawed it. Perhaps to spite her Papist rivals, Queen Elizabeth I released a decree compelling large landowners to grow the plant.
Mixed messages
In modern times however, the confusion about the relative harm of cannabis continues and those misperceptions are not helped by the classification system, says Harry Shapiro, editor of DrugScope. 'Classification is a red herring. Whether the classification is B, C, Y or X, it doesn’t make a lot of difference to the person who is has problems with the drug.'
Obviously you have to set penalties against the relative harm caused by the drug. 'To make the punishment for possession the same as for crack cocaine would be ludicrous,' says Shapiro. But the trouble with classification is the message it gives out to the public. 'People sometimes assume, misguidedly, that C is fine, A is terrible and B is somewhere in the middle.'
For legal advice and information, visit Release
For more history, read Drew’s Cannabis Information site
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