Cannabis Laws in the UK
The official law on cannabis is complicated, particularly in the UK. Given the record of laws throughout the last decade, the cannabis debate has clearly become a politicized issue. The law has come a long way since illegalisation in 1928, following the Dangerous Drugs Act of 1920. It seems that the decriminalisation of cannabis is occurring no time soon, with both of the two political parties maintaining a concrete stance on the illegality of cannabis.
Under Tony Blair’s Government, cannabis was reclassified to a Class C drug following a mandate in 2001. This was later overturned by the Government under Gordon Brown, who reinstated cannabis as a Class B Drug where it remains to this day.
In an opening to a 2001 bill on the decimalization of cannabis, Jeremy Corbyn and 13 Labour MPs (including Shadow Chancellor, John McDonnell and the Minister for International Development, Diane Abbott) favoured decriminalized.
The following is an extract from the opening speech, put forward by Jeremey Corbyn himself:
‘That this House recognises that the cannabis battle in the war against drugs is being lost; that cannabis is neither more damaging than tobacco, nor more addictive than alcohol, and that it is no more the portal to harder drugs than a half of bitter to rampant alcoholism…’
Despite their previous position on cannabis, the current labour government has made it clear that they will not be looking to reschedule cannabis in the UK, despite other more progressive governments within the EU and around the world reforming their cannabis laws.
With politicised debate, scientific reports and public opinion, the future of cannabis in the eyes of the law is increasingly complex, and remains to be so. So far, these are the laws on cannabis.
Cannabis Laws in the UK
Under the Misuse of Drugs Act 1971, cannabis is an illegal substance. The UK Government claims that possession of cannabis can lead to up to five years in prison and an unlimited fine. For supply and production this sentence can be increased to up to 14 years, with an unlimited fine.
In recent years however, the laws of possession for personal use do not usually follow this regimented style of prosecution, unless an individual is a repeat offender.
Following the Criminal Justice and Police Act of 2001, possession of cannabis for personal use is now followed by a Penalty Notice for Disorder (PND) issued by police on the spot and recorded on the police database. Possession of cannabis in the first instance is met with a warning, with subsequent possession met with a PND. If caught possessing for a third-time, prosecution is likely.
However, UK Cannabis Law is still relatively unregulated- in fact, Ronald Hogg PCC, the Police, Crime and Victims Commissioner for Durham has openly supported the decriminalisation of cannabis for personal use:
‘It’s about keeping people out of the criminal justice system and reducing costs, it’s about being more productive with the way we approach things.’
Hogg also commented that those caught in possession of cannabis would have the opportunity to sign up to a crime reduction initiative to avoid prosecution. The softening of cannabis laws would allow Durham police to combat issues of violence and gangs, rather than using vital resources to prosecute those using cannabis for personal use.
Overall, if caught in possession of cannabis the law usually follows these stages. It is important to note that these actions are only in instances of possession for personal use:
- First instance- Written warning that is not recorded on police databases, the drug is usually confiscated.
- Second instance- A PND is usually issued with a £90 fine payable in 14 days, or court action is taken.
- Third instance- Arrest leading to court conviction.
Production and Sale of Cannabis UK
Sentences for the production of cannabis is varied with the scale of the growing operation. If there is little evidence to assume intent to supply (this is usually a plant yield of around 40g, or 9 plants) prison sentences range from 9-18 months. An operation of 28 plants, usually in use for supply to friends is punishable by 18 months- 3 years in prison, depending on mitigating factors.
When an operation becomes industrial, with evidence to suggest sale on a commercial level (plant yield of more than 28) sentencing becomes more severe. The range for these sentences is between 3 and 6 years. However, this can increase the bigger the operation is found to be. In general, the production and sale of cannabis is monitored far more than cases of possession for personal use.
These laws only apply to the production of cannabis to harvest the drug. The production of hemp is completely legal under UK Law, provided that you hold an appropriate license and harvest the plants before they flower.
Hemp Laws UK
Whilst there has been some case precedent set by law courts that has thrown doubts onto the enforceable legal action possible against individuals in possession or selling hemp flowers, the production and sale and hemp seeds is not in question. This not only epitomises the complexities of the law on the cannabis plant (as hemp and cannabis come from the same source), it also highlights the need for a comprehensive report on the exact laws on all products related to cannabis, not just fertilised buds.
There have been discussions about The Department for Food and Environmental Affairs (DEFRA) taking away ownership and control of hemp licensing from the Home Office. This would make perfect sense, as hemp is an agricultural crop not a drug with no law and order implications.
Is CBD Oil Legal in the UK
CBD oil is legal within UK law. Provided, that it is extracted from hemp plants that are grown separately to those cultivated for drug use; they cannot grow together because cross pollution causes infertility. Whilst hemp is considered a completely legal product in the UK, the recreational version of the drug, cannabis, is not. The hemp plants that are used for CBD oil cannot contain more than 0.2% THC when cultivated.
Unfortunately, the current cannabis laws in the UK prohibits the growing of hemp flowers. Therefore, whilst CBD oil derived from hemp flowers is widely available in the UK, the processing and raw materials of the core ingredient is not permitted.
Sadly, this means that the UK economy and farmers are unable to benefit from this developing market, and all UK brands are forced to import their hemp extracts. Clearly this is ridiculous as hemp flowers pose no concerns to public health or safety.
Finished CBD products including CBD oils, CBD capsules etc, need to contain no more that 1mg of controlled substances including THC, CBD and THCV. As a consumer, it is important to check that your CBD product has a batch specific certificate of analysis.
CBD oil in the UK has been regulated as a novel food. This means that it has been determined that CBD oil does not have a significant history of use within the EU prior to 1997. This is questionable, as clearly cannabis containing CBD has been consumed before 1997, however, regulators like to regulate!
The decision was made by The European Food Standards Agency (EFSA) and was clearly politically motivated. It is pubic knowledge that various member states, including the UK, had been pushing for this outcome.
Hemp Flowers legal or not?
Despite hemp flowers being widely available, they are not legally permitted to be sold, and anyone caught in possession of hemp flowers could potentially face the same penalties as any other illegal cannabis possession.
The answer to the question of legality surrounding cannabis is not an easy one to answer. Not only are the intricacies of the law difficult to interpret, but the sentencing of individuals in possession or dealing cannabis are sporadic and dependent on where in the country the offence occurs.
What is clear is that nothing around cannabis laws in the UK is straight-forward or rational, and that surely legal changes must be made to simplify and clarify the situation.
However, it is only a matter time before cannabis reforms take place. Whilst UK governments to date, have been unwilling to be courageous or progressive due to the divisive nature of the issue, with more countries looking to approach cannabis reforms in an evidence-based manner using real data about the harms of prohibition, and countries that have introduced reforms, we will at some point follow suit.
There is also a huge potential tax opportunity and cost savings to the Police which politicians won’t want to ignore.
We hope that you found our cannabis laws in the UK blog informative. For similar articles to our cannabis laws in the UK blog, please click the link.
