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Is Weed Legal in UK?

Weed (Cannabis) Leaves

Weed (Cannabis) is a topic that has been the subject of much debate in the UK in recent years. While some countries have legalised or decriminalised recreational use, Weed (cannabis) remains illegal to possess, distribute, sell or grow in the UK.

Medical cannabis is allowed under certain circumstances in the UK. In 2018, the law was changed to allow doctors to prescribe cannabis-based medicines to patients with specific conditions such as epilepsy, multiple sclerosis and chemotherapy-induced nausea. However, access to medical cannabis is still limited and tightly regulated.

The legal status of cannabis in the UK has been a contentious issue for many years, with advocates arguing that legalisation could reduce crime, generate revenue and improve public health. However, opponents argue that legalisation could lead to increased drug use and harm to public health. Despite the ongoing debate, cannabis remains illegal for recreational use in the UK, with strict penalties for possession, distribution and cultivation.

Legal Status of Cannabis in the UK

Cannabis is a class B drug in the UK, and it is illegal to possess, distribute, sell or grow it. Possession of cannabis can result in up to five years imprisonment, an unlimited fine, or both. Producing and supplying a class B drug can result in up to 14 years imprisonment, an unlimited fine, or both.

In 2018, the UK government conducted a full review of the legal status of medical cannabis, which resulted in changes to the law that allowed doctors to issue prescriptions for medical cannabis, albeit with restrictions. This change was made official on the 1st of November 2018.

The Misuse of Drugs Act 1971 outlines the legislative controls for controlled parts of plants of the genus Cannabis, and for products containing controlled cannabinoids.

Despite the legal status of cannabis in the UK, there is a growing advocacy for law reform. A report concluded that the current UK cannabis black market is worth over £2.5bn and cannabis tax yields could be between £204 million and £571 million per year.

Historical Context

Cannabis has a long and complex history in the UK. The plant was first brought to the country by the Romans, who used it for medicinal purposes. Throughout the centuries, cannabis was used for a variety of purposes, including for the production of textiles, paper, and rope.

In the early 20th century, cannabis was legal and widely used in the UK for both recreational and medicinal purposes. It was reportedly used by writers and artists as a source of inspiration and to aid in concentration. Queen Victoria was even said to have used it to relieve menstrual pain.

However, in 1928, the UK government passed the Dangerous Drugs Act, which made cannabis cultivation and use illegal. The act was largely influenced by international drug control treaties, which aimed to regulate the production, sale, and use of drugs worldwide.

In 1971, the UK government passed the Misuse of Drugs Act, which classified cannabis as a Class B drug. Under this act, Class A substances are considered the most harmful, while Class C substances are considered the least harmful. Cannabis is considered less harmful than Class A drugs such as heroin and cocaine, but more harmful than Class C drugs such as anabolic steroids and GHB.

Since then, there have been numerous debates and discussions about the legal status of cannabis in the UK. Some argue that cannabis should be legalized for medical or recreational use, while others maintain that it should remain illegal due to its potential negative health effects.

Medical Cannabis Regulations

Prescription Cannabis Capsules in UK

In the UK, medical cannabis is legal for prescription by specialist doctors since November 2018. However, it is still illegal to possess, grow, or distribute cannabis for recreational use. The regulations surrounding medical cannabis are strict and are governed by the Misuse of Drugs Act 1971.

Prescription Process

To obtain medical cannabis, patients must first be seen by a specialist doctor who is registered with the General Medical Council. The doctor will assess the patient’s medical history and determine if they have a qualifying condition. If the patient is deemed eligible, the doctor can apply for a Schedule 2 licence from the Home Office to prescribe medical cannabis.

The prescription process for medical cannabis is not the same as for other medications. The doctor must specify the exact product, dosage, and duration of treatment on the prescription. The prescription must also be dispensed by a specialist pharmacy that is licensed to handle controlled drugs.

Qualifying Conditions

Medical cannabis is only prescribed for certain conditions that have not responded to other treatments. These conditions include:

  • Chronic pain
  • Multiple sclerosis
  • Epilepsy
  • Nausea and vomiting caused by chemotherapy
  • Spasticity caused by neurological conditions
  • Severe anxiety or PTSD

The decision to prescribe medical cannabis is made on a case-by-case basis and only after other treatments have failed. The use of medical cannabis for other conditions is not currently allowed under UK law.

It is important to note that not all patients with these conditions will be eligible for medical cannabis. The decision to prescribe medical cannabis is based on the patient’s individual circumstances and medical history.

Recreational Use Penalties

Under UK law, recreational use of cannabis is illegal and can result in criminal charges. Possession of any amount of cannabis can result in an unlimited fine and up to 5 years in prison, while the cultivation or supply of cannabis can lead to an unlimited fine and up to 14 years in prison.

Possession Charges

If a person is caught in possession of cannabis, they can be charged with a criminal offence. The severity of the charge depends on the amount of cannabis found in their possession and the circumstances surrounding the arrest. In most cases, a person caught with a small amount of cannabis for personal use is likely to receive a warning or a caution. However, if the amount is deemed to be excessive or if the person has a previous criminal record, they may be charged and face prosecution.

Cultivation and Distribution Laws

The cultivation, production, and distribution of cannabis is illegal in the UK. Anyone caught cultivating cannabis, whether for personal use or for sale, can face prosecution. The penalties for cultivation and distribution vary depending on the severity of the offence. In most cases, a person caught cultivating cannabis for personal use is likely to receive a warning or a caution. However, if the person is found to be cultivating cannabis with the intent to supply, they may face more serious charges and potentially a prison sentence.

It is important to note that the penalties for cannabis-related offences can be severe, and can have a lasting impact on a person’s life. It is always advisable to seek legal advice if you are facing charges related to cannabis use, possession, cultivation, or distribution.

Cannabis Legal Reform Debates

The legal status of cannabis in the UK has been a topic of debate for many years. While some argue that cannabis should be legalized for medicinal and recreational purposes, others believe that it should remain illegal due to its potential negative effects on health and society.

Public Opinion

According to a survey conducted by YouGov in 2019, 43% of the British public support the legalization of cannabis for recreational use, while 41% oppose it. The survey also found that 77% of the public support the legalization of cannabis for medicinal use.

Another survey, conducted by the British Social Attitudes Survey in 2018, found that 53% of the public support the legalization of cannabis for medicinal use, while only 19% support its legalization for recreational use.

Political Perspectives

The Conservative Party, which is currently in power, has traditionally been opposed to the legalization of cannabis. However, some members of the party have called for a review of the current laws, and there have been some indications that the party may be open to the idea of legalizing cannabis for medicinal use.

The Labour Party, the main opposition party, has also been divided on the issue of cannabis legalization. While some members of the party support the legalization of cannabis for both medicinal and recreational use, others believe that it should remain illegal.

The Liberal Democrats, a smaller party, have been the most vocal supporters of cannabis legalization. The party has called for the legalization of cannabis for both medicinal and recreational use, arguing that it would generate tax revenue and reduce the harm caused by the illegal drug trade.

Overall, the debate over cannabis legalization in the UK remains ongoing, with opinions divided among the public and political parties. While some argue that legalization would have positive effects on health and society, others believe that it would lead to increased drug use and other negative consequences.

International Comparisons

Legislation in Europe

The legal status of cannabis varies across Europe. Some countries, such as the Netherlands, have a tolerant approach towards cannabis use, while others, such as Sweden and Norway, have a strict zero-tolerance policy.

However, some European countries have recently relaxed their cannabis laws. For example, in 2018, Luxembourg became the first European country to legalize cannabis for recreational use. Spain and Portugal have also decriminalized cannabis use, meaning that possession of small amounts of cannabis is not punishable by imprisonment.

Global Legal Trends

The legal status of cannabis is also changing around the world. In the United States, several states have legalized cannabis for recreational use, including California, Colorado, and Washington. Canada legalized cannabis for recreational use in 2018, becoming the second country in the world to do so after Uruguay.

In South America, several countries have decriminalized cannabis use, including Argentina, Chile, and Colombia. In Africa, some countries, such as South Africa and Lesotho, have legalized cannabis for medical use. In Asia, cannabis use remains illegal in most countries, although some, such as Israel and Thailand, have legalized medical cannabis.

Potential Impact of Legalisation

Economic

The legalisation of cannabis in the UK could have a significant impact on the economy. According to a report, introducing a legal cannabis market to the UK could generate between £1bn and £3.5bn in tax revenue annually. This revenue could be used to fund public services and infrastructure projects. Additionally, legalisation could create jobs in the expanding cannabis industry, providing employment opportunities and boosting the economy.

Societal

Legalisation could also have social implications. Proponents argue that it could reduce crime rates associated with the illegal drug trade and free up police resources to focus on more serious crimes. It could also reduce the stigma associated with cannabis use and provide a safer environment for users to access the drug. However, opponents of legalisation argue that it could lead to an increase in drug use and associated social problems.

Healthcare

The legalisation of cannabis could also have an impact on healthcare. It could allow for more research into the medicinal properties of cannabis, potentially leading to new treatments for a range of conditions. Additionally, legalisation could provide a safer environment for users to access cannabis, reducing the risk of harm associated with using illegal drugs. However, it is important to note that cannabis use can still have negative health effects, and legalisation would not eliminate these risks entirely.

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.