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Cannabis Poster

THE RECLASSIFICATION OF CANNABIS - WHAT THIS MEANS IN PRACTICE

• Cannabis was reclassified on 29 January 2004 from a Class B drug to a Class C drug.
• Possession of cannabis remains an arrestable offence.
• There will be a presumption against arrest for adults in possession of cannabis for personal use. In most cases a warning will be issued, and the cannabis will be confiscated.
• Arrest may take place in cases of:
  • Repeat cannabis offending
  • Smoking cannabis in a public place
  • Possession of cannabis where public order is threatened
  • Possession in the vicinity of premises used by young children - eg school/youth club
• The maximum penalty for possession of cannabis will be reduced to 2 years imprisonment.
• The maximum penalty for supply of cannabis and ALL Class C drugs will be increased to 14 years imprisonment.
• Young people under the age of 18 in possession of cannabis will be arrested and dealt with under the existing framework for juvenile offending where they can receive a reprimand, final warning or charge depending on the seriousness of the offence.

R E M E M B E R
CANNABIS IS ILLEGAL & REMAINS ILLEGAL
IT IS AN OFFENCE TO POSSESS CANNABIS

• Passing drugs among friends is an offence.
• Driving a vehicle whilst unfit through drugs - including cannabis, is an arrestable offence.
• A drug conviction could affect your job prospects, or prevent getting a visa to travel abroad

The following pages provide more detail on the background to the reclassification of cannabis and related topics.

For more information please contact:
Helen Wilkie, Strategic Drugs Officer, Hertfordshire Constabulary at Herts Constabulary, Hatfield Police Station, St Albans Road East, Hatfield, Herts, AL10 OEN. Tel: 01707 638869 or email helen.wilkie@herts.pnn.police.uk

QUESTIONS AND ANSWERS

1. Why reclassify cannabis?

   The Advisory Council on the Misuse of Drugs (ACMD) - the statutory, independent Government advisory body tasked to keep drug misuse and the legislation under review - advised the Home Secretary that cannabis is harmful, but not as harmful as other Class B drugs, such as the amphetamines. Reclassification will bring the law into line with this assessment with the intention of enabling a more credible message to be given to young people about the relative dangers of drugs.

   The Home Offices anticipates that the reclassification will mean police officers will spend less time arresting and processing cannabis offenders, and so enable them to focus on Class A drugs - hard drugs such as heroin and crack/cocaine which cause the most harm.

2. What will be the legal effect of reclassification?

   Cannabis, as a Class C drug, will remain controlled under the Misuse of Drugs Act 1971, and possessing it will remain a criminal offence, but the maximum penalties for possession will be reduced from 5 years' to 2 years' imprisonment. The maximum penalties for supplying and dealing in cannabis will stay at 14 years' imprisonment.

3. What laws are being changed in connection with the reclassification of cannabis?

   There are 2 changes:

   • Retaining the power of arrest for cannabis possession offences. However, under guidance issued by the Association of Chief Police Officers (ACPO), there will be a presumption against arrest unless there are specific aggravating factors (see section 9 below). The power of arrest will not apply to other Class C drugs.
   • Increasing the maximum penalty for supply and dealing in Class C drugs from 5 years' to 14 years' imprisonment. This means that, on reclassification, the maximum penalty for trafficking cannabis will stay at 14 years' imprisonment, and the courts will continue to be able to impose substantial sentences for serious dealing offences.
     
     
4. By increasing trafficking penalties and introducing power of arrest for possession of cannabis, isn't the Government sending mixed messages?

   The Government sees no reason why it should. Tough trafficking penalties need to be available to the courts in the small number of cases where substantial quantities of cannabis are being trafficked. In many instances, these cases are connected with organised crime and Class A drugs offending. This is quite different from individuals who are found in possession of cannabis for personal use - in most cases, unless there are aggravating factors such as public order being under threat, it is right that they should receive a warning and have their drug confiscated.

5. Will the reclassification of cannabis encourage greater use?

   The Government sees no reason why it should. It will remain an illegal drug and criminal sanctions will continue to apply. In particular, the Government intends to take a tough line with dealers (see Sections 2 & 3). The Government is also backing up reclassification with an education campaign aimed at young people, to make it clear how the law will operate in practice and to dissuade them from experimenting with cannabis (see Section 19).

   The ACMD report on cannabis indicates that: "In attempting to analyse the likely impact on prevalence of reclassification, there is very little relevant domestic learning to draw on. But it is possible to look at the experience of other countries, albeit in circumstances where civil penalties have replaced criminal sanctions. In particular, the experiences in Australia, the Netherlands and the United States are illustrative. In each of these countries a reduction in the penalties for using cannabis has not led to a significant increase in use."

   THE RECLASSIFICATION PROCESS

6. Why are drugs classified A, B or C?

   The Misuse of Drugs Act 1971 places drugs into one of three categories, A, B or C, for the purposes of control. Classification broadly reflects the risks and harms caused by misuse of the controlled drug in question, and is reflected in penalty levels for drugs offences.

7. The ACMD Report recommends that all cannabis preparations be reclassified to Class C. What does "all cannabis preparations" refer to?

   It refers to cannabis and cannabis resin and any preparation or other product containing these substances (currently in Class B) and cannabinol, its derivatives and preparations (currently in Class A).

   It is the ACMD's view - and that of the Department of Health - that there is no evidence that variants of cannabis with higher levels of the main psychoactive ingredient tetrahydrocannabinol (THC) cause more health problems, and no health reason why the cannabinols cannot also be reclassified.

   POLICE ENFORCEMENT

8. What will happen to someone who is found in possession of cannabis?

   Under the guidance being issued by the Association of Chief Police Officers (ACPO) to all police forces, there will be a presumption against arrest. This means that for adults, most offences of cannabis possession are likely to result in an on-the-spot warning and confiscation of the drug. However, the following instances may lead to arrest and possible caution or prosecution:

   • repeat cannabis offending
   • smoking cannabis in a public place
   • instances where public order is threatened
   • possession of cannabis in the vicinity of premises used by children
     
     
9. When will the guidance be operational?

   It will become operational when the law change takes effect on 29 January 2004.

10. By retaining the power of arrest, what changes?

    Under the ACPO guidance, there will be a presumption against arrest - at present there is no such presumption. In addition, following reclassification, the maximum penalty for the possession of cannabis will go down from 5 years' to 2 years' imprisonment, although cannabis dealers will face the same penalties as before - a maximum 14 years in prison.

11. How will young people under 18 be dealt with?

    Young people under 18 found in possession of cannabis will still be arrested, and dealt with under the structured framework for early juvenile offending established under the Crime and Disorder Act 1998, where a young offender can receive a reprimand, final warning or charge depending on the seriousness of the offence. Following one reprimand, any further offence will lead to a final warning or charge. Any further offence following a warning will normally result in a charge being brought. After a final warning, the young offender must be referred to the Youth Offending Team to arrange a rehabilitation programme to prevent reoffending.

12. Why are young people being dealt with more strictly than adults?

    They are not being dealt with more strictly - they are likely to receive reprimands or warnings for a first offence of cannabis possession. However, the process is more formal for persons under 18, and it is important that their cases should be dealt with at the police station, so that any underlying problems with the young person can be identified. Young people under the age of 18 who receive a final warning, or are reported for court proceedings for the possession of cannabis, will be referred to the local Youth Offending Team (YOT), and are likely to have their substance misuse assessed by the YOT drugs worker, who may arrange treatment or other support where this is needed.

13. Does reclassification mean people will be able to smoke openly?

    No. Those who smoke openly in public face possible arrest and prosecution (see Sections 8 and 11).

    CANNABIS AND DRIVING

14. What about driving if you have been taking cannabis?

    Cannabis affects people's ability to drive a vehicle safely. A police officer may arrest a driver if he has reasonable cause to suspect that person is driving under the influence of drugs. This applies to anyone driving under the influence of cannabis. A conviction could result in a prison sentence, a heavy fine or disqualification from driving.

    HARMFULNESS OF CANNABIS

15. What are the harmful effects of cannabis?

    The acute effects include damage to people's ability to learn and carry out many tasks, including operating machinery and driving vehicles. Acute cannabis intoxication can also lead to panic attacks, paranoia and confused feelings. The chronic effects include damage to mental functioning and in particular to learning difficulties, which in prolonged and heavy users may not necessarily be reversible. A cannabis dependence syndrome has been identified in heavy users and the drug can exacerbate schizophrenia in people who are already affected. Smoking cannabis over a long period of time can lead to respiratory diseases, including lung cancer.

16. What about reports that cannabis use leads to mental illness?

    Some research suggests that heavy cannabis use over a long period might lead to schizophrenia, but other research suggests it does not. The overall evidence is inconclusive. What is clear is that cannabis use can worsen schizophrenia which already exists.

17. What about reports that cannabis smoking leads to lung cancer?

    Smoking cannabis presents a real health risk, potentially similar to that of tobacco. Smoked cannabis has a higher concentration of certain carcinogens than smoked tobacco, and it tends to be inhaled more deeply. However, set against that is the fact that in general cannabis smokers smoke fewer cigarettes per day than tobacco smokers and most give up in their 30s. A Department of Health working group is examining the health consequences of cannabis smoking.

18. Is cannabis a "gateway" drug leading to use of more harmful drugs? / Won't this lead to more people taking hard drugs?

    The evidence for cannabis as a 'gateway' drug, which leads on to other drug use, is inconclusive. Research confirms that establishing a causal link is extremely difficult. It is clear that most users of the more dangerous drugs used cannabis earlier in their careers, but most cannabis users do not go on to use other drugs regularly. Of course, the same can be said of alcohol. Very large numbers of those who use Class A drugs have used alcohol to excess. However, many people who use alcohol do not progress to any form of other drug.

    EDUCATION FOR YOUNG PEOPLE

19. What is the Government doing with regard to educating young people about the dangers of cannabis?

    The 3 year national campaign - FRANK - to alert young people to the harm of all drugs, includes information about cannabis. To coincide with reclassification, the Government is to issue a facts sheet which will be widely available to young people. It will explain that cannabis remains illegal and describe what will happen to someone who is found in possession of cannabis. This is due to be launched in January 2004 together with a generic leaflet covering all drugs and the law. These publications will be distributed to all those registered on the FRANK website www.talktofrank.com, DATs and Government Regional Offices, and will be available via the Government website www.drugs.gov.uk. There will also be a national radio campaign during January and February 2004.

    MEDICINAL USE OF CANNABIS

20. Will the Government permit the use of cannabis for medicinal purposes?

    The Home Secretary has made it clear that he is willing to amend the misuse of drugs legislation as necessary, to allow the prescribing of a cannabis-based medicine as a form of pain relief. The Home Office granted a licence to GW Pharmaceuticals who have conducted trials and have developed a cannabis-based medicine designed to relieve chronic nerve pain.

    The company are currently seeking marketing approval for the product from the Medicines and Healthcare products Regulatory Agency - a process all new medicines have to go through which is designed to protect public health. The Multiple Sclerosis Society supports this approach.

This document incorporates information and guidance provided by Hertfordshire Constabulary,
the Home Office, and the Association of Chief Police Officers.

Issued January 2004 - V2