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Cannabis Laws: Cannabis reclassification UK cannabis law
Cannabis Laws: Cannabis reclassification UK cannabis law
 

"10 Marlboro Lights and a packet of slims please..."

On January 29th 2004, the laws surrounding cannabis posession in the UK changed for the better... it's just one step in the right direction. Here's an overview of what the change in the Misuse of Drugs act actually means:

How are drugs classified?

Since the 1970s, British laws have put drugs into three categories based on the harm they can cause.

Class A is the most harmful, including things like heroin and morphine; Class B is the middle group, covering amphetamines and barbiturates; and Class C includes those judged to be the least harmful, such as anabolic steroids and, from January 2004, cannabis.

What are the key changes in the guidelines?

The key change is that there will be a "presumption against arrest" when officers come across someone with cannabis in their possession.

At present, police are expected to arrest cannabis users, though officers in some forces already take a pragmatic approach and turn a blind eye to people who have small amounts of the drug for their own use.

What will the changes mean for cannabis users?

Most people found in possession of cannabis are unlikely to be arrested. Instead, the police will give them an informal on-the-spot warning and confiscate the drug.

Can people still be arrested for using and dealing cannabis?

Yes. Police still have the power to arrest anyone found with cannabis, though they are advised to use their discretion. Those who smoke the drug in "public view" or in front of children - near playgrounds, schools and youth clubs - are more likely to be arrested.

Persistent cannabis offenders are also more at risk of arrest as are those who use the drug in situations where there is a "fear of public disorder".

Dealers will continue to be arrested and face the same penalties as before - a maximum of 14 years in prison.

Why have these changes been brought in?

The guidelines are intended to help the police put the policy on re-classifying cannabis into practice.

The Home Office and the police hope the changes will mean officers will spend less time arresting and processing cannabis offenders, allowing them to focus on more harmful drugs like heroin, cocaine and crack.

Are they likely to face much opposition?

A number of MPs and anti-drug campaigners have grave misgivings about the decision to re-classify cannabis, saying it sends out the wrong message about drugs.

The Police Federation, which represents frontline officers, is also opposed to re-classification, though it welcomes the guidelines. But many drugs workers say the changes are long overdue.

Are they likely to cause confusion amongst the public?

There is some evidence that the decision to re-classify, and the experiment at Brixton in south London under which police took a more lenient approach to cannabis offences, led some people to think that cannabis was being legalised.

Whether confusion remains depends on how well ministers, police, teachers and drug workers can explain the changes whilst reinforcing the message that cannabis remains illegal.

 

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Misuse of Drugs Act 1971 - Maximum Penalties

Posession
Supply
Class A
7 years imprisonment or a fine or both
Life imprisonment or a fine or both
Class B
5 years imprisonment or a fine or both
14 years imprisonment or a fine or both
Class C
2 years imprisonment or a fine or both
5 years imprisonment or a fine or both*
Under the new clasification, Cannabis dealers may still face the higher penalty of 14 years imprisonment.

Passing drugs amongst friends is classed as supplying. Allowing your house or premises to be used for drug misuse is also illegal.

A conviction for any Misuse of Drugs Act offence can affect future employment. Many other countries may refuse visas to people with drug convictions. Misuse will often invaildate insurance policies, including holiday, vehicle and health cover.

To stop someone committing an offence with a drug, you can either destroy it or hand it over to the police.

 
Cannabis Laws: Cannabis reclassification UK cannabis law
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