Marijuana, or cannabis, is illegal for recreational use in the UK. It is classified as a Class B drug under the Misuse of Drugs Act 1971, which means that possessing, producing, or supplying marijuana is prohibited and can result in severe legal consequences. Specifically, possession can lead to up to five years in prison, an unlimited fine, or both, while production and supply can result in up to 14 years in prison, an unlimited fine, or both.
However, there is a notable exception for medical use. Since November 2018, certain cannabis-based products for medicinal use (CBPMs) have been legalised, but only when prescribed by a specialist doctor. This legalisation allows for the use of cannabis in treating specific medical conditions, such as severe epilepsy and multiple sclerosis, under strict regulatory conditions.
Current Legal Status
In the UK, marijuana is classified as a Class B drug under the Misuse of Drugs Act 1971. This classification places it alongside substances like amphetamines and barbiturates, reflecting the government’s stance on the potential harms associated with its use. The law strictly prohibits the possession, production, and supply of marijuana, making these activities illegal.
Possession of marijuana can lead to up to five years in prison, an unlimited fine, or both. Supplying or producing marijuana carries even more severe penalties, with offenders facing up to 14 years in prison, an unlimited fine, or both. It’s important to note that even the mere intent to supply, such as being caught with a large quantity of the drug, can result in prosecution under these laws.
Despite these harsh penalties, there is a degree of discretion in how the law is enforced, particularly for first-time offenders or those caught with small amounts of the drug for personal use. In such cases, the police may issue a warning or an on-the-spot fine, rather than pursuing criminal charges. However, repeat offenders or those involved in the production or distribution of marijuana are likely to face more serious consequences.
Medical Marijuana
In the UK, medical use of cannabis has been legal since November 2018, but under very specific conditions. The law permits the use of cannabis-based products for medicinal use (CBPMs) when prescribed by a specialist doctor. This change was introduced in response to growing evidence of the benefits of medical marijuana for certain medical conditions.
Cannabis-based products are prescribed for conditions such as severe epilepsy, multiple sclerosis, and chemotherapy-induced nausea. However, not all cannabis-based products are approved; only those that have been through rigorous clinical trials and are deemed to meet safety and efficacy standards are permitted.
To be eligible for a prescription, patients must meet certain criteria and have exhausted other treatment options. The prescription is typically given by a specialist doctor, not a general practitioner, and is subject to strict regulatory oversight. The process aims to ensure that medical cannabis is used responsibly and effectively within the medical framework.
Recreational Use
Despite the legalisation of medical cannabis, recreational use of marijuana remains illegal in the UK. The law does not differentiate between personal and recreational use, meaning that any possession or consumption of marijuana for non-medical purposes is prohibited.
Public opinion on marijuana and its potential legalisation for recreational use is mixed. While some advocate for a more relaxed approach, similar to the policies seen in countries like Canada and parts of the United States, others are concerned about the potential social and health impacts.
In recent years, there have been discussions and debates about the possibility of decriminalisation or even legalisation of recreational marijuana. Some political figures and advocacy groups continue to push for change, arguing that a more progressive approach could lead to benefits such as reduced criminal activity and increased tax revenue. However, as of now, no significant legal changes have been made, and recreational use remains a criminal offence in the UK.
Enforcement and Policing
In the UK, the enforcement of marijuana laws is managed by local police forces and is subject to regional variations. Generally, the police follow a policy of discretion, especially when it comes to small-scale possession.
For minor offences, such as possessing small amounts of marijuana for personal use, police may opt to issue a warning or an on-the-spot fine, rather than pursuing formal criminal charges. This approach aims to address minor drug-related issues without clogging the court system or penalising first-time offenders excessively.
However, for more serious offences, such as large-scale possession, production, or supply, the legal consequences are more severe. In these cases, the police are likely to take stronger action, including arrest, prosecution, and potential imprisonment. The severity of enforcement also depends on the specific circumstances and the discretion of the local police force.
In general, the approach to enforcement reflects a balance between maintaining public safety and addressing the social impact of drug use. As public attitudes and legal discussions continue to evolve, so too may the methods and priorities of law enforcement in dealing with marijuana-related offences.
Author – Julie Condliffe
Julie Condliffe is a four-time bestselling author, successful property investor and an award winning solicitor. She is the founding partner of Creative Legals.