Today, the government’s reclassification of cannabis takes effect and the drug is now controlled under Class B of the Misuse of Drugs Act.
The move has major implications for the penalties issued for cannabis possession. As a Class B drug, the maximum penalty for cannabis possession has increased from two to five years imprisonment. A new ‘escalation’ penalty system for possession of the drug has also come into force.
The government’s so-called ‘three strikes’ penalty system for cannabis possession, first announced in October 2008, applies to over 18s in England and Wales. It ‘escalates’ the penalty issued for cannabis possession according to the number of times someone has been previously caught in possession of the drug.
Under the new rules, the first time someone is caught in possession they will receive a verbal ‘cannabis warning’ from police. ‘Cannabis warnings’ have been issued for possession offences since 2004. However, in contrast to when cannabis was a Class C drug, an individual can no longer receive multiple cannabis warnings. Instead, subsequent offences will now lead to ‘escalated’ penalties.
The measures for second offences are currently awaiting parliamentary approval, which is expected in coming days. If approved, anyone caught in possession of cannabis a second time will be issued with a Penalty Notice for Disorder, resulting in an on-the-spot £80 fine.
Being caught in possession of cannabis a third time will see police consider options such as arrest, conditional caution or prosecution. According to Home Office statements any ‘subsequent offences are likely to lead to arrest.’
The maximum penalty for supplying or producing cannabis is 14 years imprisonment and/or an unlimited fine. This remains unchanged from when the drug was Class C.
The government's decision to reclassify cannabis to Class B under the Misuse of Drugs Act 1971 was announced by Home Secretary Jacqui Smith on 7 May 2008. The decision went against the recommendation of the government’s Advisory Council on the Misuse of Drugs. The council's independent review of expert evidence on the harms of cannabis led them to recommend that the drug retain class C status.
For more information contact Andrew McNicoll at the DrugScope Press Office on 0207 520 7563 or email andrewm@drugscope.org.uk
