Does 'decriminalising' cannabis mean people can legally buy it?
A new report backed by London mayor Sadiq Khan has recommended that the possession of small quantities of cannabis for personal use is decriminalised.
The report, published by the independent London Drugs Commission (LDC), includes 42 recommendations, including removing natural cannabis from the Misuse of Drugs Act (MDA).
The mayor said there was 'a compelling, evidence-based case' for decriminalisation and urged government to consider the report's findings, which argue that the current laws are "disproportionate to the harms" cannabis can pose compared to other drugs.
The commission, set up in 2022, does not call for full decriminalisation and instead says "natural" cannabis should be downgraded to classification under the Psychoactive Substances Act.
The report also recommends improved addiction services and better education on the dangers of on problematic use and addiction of cannabis is needed.
Khan aded: 'The current sentencing for those caught in possession of natural cannabis cannot be justified given its relative harm and people's experience of the justice system.'
The UK has several classifications for substances: Class A (which is deemed to be the most dangerous) Class B, Class C, and psychoactive substances.
Class A drugs include heroin and cocaine, an example of Class B drugs are amphetamines and ketamine, and the Class C classification includes steroids and nitrous oxide (laughing gas).
The UK government describes psychoactive substances as drugs that cause hallucinations, drowsiness or changes in perception of time and space, such as bath salts (synthetic cathinones) or dimethocaine.
Cannabis is currently a Class B drug and people found in possession can face a fine or imprisonment.
The report argues that: 'The possibility of a custodial prison sentence of any length…for possession of cannabis for personal use feels excessive'.
This would effectively remove criminal prosecution the possession of small amounts of cannabis for personal use, while continuing to prohibit the importing, manufacturing and distribution of the drug.
A key distinction in drug legislation is the difference between legalisation and decriminalisation, which are two very different terms and should not be confused.
When drug use and possession are decriminalised, criminal charges are not applied to anyone carrying the drug, usually for personal use.
While this may sound like the drug is now 'legal', in practice this is not the case and it would remain illegal to possess and use the drug.
However, it would no longer lead to a criminal record, but may still carry a civil penalty - e.g. civil fines, warnings or treatment or education referrals.
Many critics of the current system say that the criminal justice approach perpetuates stigma and marginalises people with problem drug use.
The report "makes a compelling, evidenced-based case for the decriminalisation of possession of small quantities of natural cannabis," Khan said.
Under decriminalisation, it's important to note that selling, manufacturing and giving away cannabis would still carry criminal penalties.
Even if cannabis does become decriminalised it would still be illegal to possess and therefore illegal to buy the drug.
The key difference, if cannabis was reclassified under psychoactive substances legislation, would be that those in possession for personal use would not face a prison sentence or any fines.
Despite arguments from the report that there could be possible gains from legalisation, including tax revenues and reductions in criminalisation, the drug would still remain essentially illegal to possess.
Offenders caught selling, dealing or sharing psychoactive substances, for any reason, are likely to still face severe penalties including fines and prison sentences.
Under current UK law, drugs that fall under the Psychoactive Substances Act and anabolic steroids are effectively decriminalised as possession will not carry any punishment or fine.
Currently, at the lowest end, police can issue a warning or an on-the-spot fine of up to £90 if you're found with cannabis, it may also be possible to pay a penalty without getting a formal warning or caution.
If someone is repeatedly found with cannabis, the penalty may vary from treatment for addiction to a maximum penalty for possession, which could mean up to five years in prison, an unlimited fine or both.
The maximum penalty for cannabis, supply (selling, dealing or sharing) and cultivation is up to 14 years in prison, an unlimited fine or both.
Citizens can often be confused by UK laws on cannabis possession, with many cannabis-based products available to buy online and the NHS proscribing medical cannabis in rare cases.
In practice the punishment you will receive for carrying cannabis for personal use can be a lottery, with no set sentencing rules for how much you are allowed to possess, before you are issued with a custodial sentence.
The Sentencing Council of England and Wales say that a warning for carrying cannabis can be issued for carrying a 'small amount… consistent with personal use' although there is no maximum legally stated.
The LDC report said that several of the participants in their research thought being found in possession of up to one ounce (around 25 grams) of cannabis would be 'unlikely to attract sanction beyond a fine and/or a formal warning'.
There are several charges relating to the supply of drugs including conspiracy to supply a controlled drug, supplying or offering to supply a controlled drug and production of a controlled drug / cultivation of cannabis plant, which carry different tariffs.
The council say a custodial sentence for cannabis cultivation should start at seven plants or more, with more severe penalties for cultivation of more than 20 plants and producing industrial amounts.
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