is weed legal in uk ?

Is weed legal in UK ?

Nov 03, 2023 Stephane Esseiva

Understanding the Legal Status of Weed in the UK

When it comes to the topic of cannabis legalisation, there can be a lot of confusion regarding where different countries stand on the issue. In this article, we will delve into the question "Is weed legal in the UK?" By discussing the UK's current laws, classifications, and regulations surrounding the use, possession, and supply of cannabis, you'll get a better understanding of what is permitted and what remains illegal in the United Kingdom.

The Current Classification of Cannabis in UK Law

Cannabis in the UK falls under the 1971 Misuse of Drugs Act, which prohibits the unauthorized production, distribution, and possession of certain controlled substances. Based on factors such as potential for abuse and therapeutic value, drugs are classified into three categories:

  1. Schedule 1 (no medical use)
  2. Schedule 2 (medical use)
  3. Schedule 3 (pharmacy medicine)

In 2018, there was a major change to the classification of cannabis following high-profile cases involving children suffering from severe epilepsy. The government reclassified cannabis-derived medicinal products, allowing those with a prescription to access them legally. However, recreational usage of cannabis remained unchanged and continues to be considered illegal in the UK.

Possession, Production, and Supply: What's Allowed and What's Not

Possession of Cannabis

Being found in possession of any form of cannabis without a valid prescription can result in serious consequences. Penalties range depending on the circumstances and can include:

  • A warning or notice from a police officer
  • An on-the-spot fine (up to £90) known as a penalty notice for disorder
  • An arrest and court appearance, which can lead to a criminal record and conviction

Note that repeat offenders are more likely to face harsher penalties.

Production and Supply of Cannabis

Similarly, producing and supplying cannabis is also strictly prohibited in the UK. This covers growing plants, manufacturing cannabis products, and selling or distributing them. Penalties for drug production and supply offenses strongly depend on various factors:

  • The classification of the drug
  • The amount being produced/supplied
  • Prior convictions or warnings for similar offenses
  • Whether the offense occurred near a school or other vulnerable locations

For those caught producing or supplying cannabis, sentencing might include substantial fines, community service, and potentially lengthy prison sentences.

Medical Use of Cannabis in the UK

With the reclassification in 2018, access to medicinal cannabis was made possible for certain patients with specific medical conditions. However, this does not mean that cannabis is readily available for any individual claiming medical need. Strict regulations remain in place:

  1. Prescriptions for cannabis-based medicine must be made by a medical specialist rather than a general practitioner
  2. Only approved medications, such as Sativex and Epidiolex, are allowed. Other forms of cannabis, like raw CBD flowers or oils that have not undergone testing, are not permitted
  3. There is no list of qualifying conditions; physicians need to weigh the potential benefits against the risks for each case when prescribing these medicines

Industrial Hemp and CBD

Industrial hemp, a variety of the cannabis plant with low levels of THC (less than 0.2%), is legal to grow in the UK under strict conditions. To cultivate hemp, one must obtain a license from the Home Office. It's important to note that while industrial hemp can be grown legally, UK cultivated hemp cannot be used for human consumption or smoking.

The legalisation of hemp cultivation has led to an increase in popularity of CBD (cannabidiol) products. These items typically contain little-to-none psychoactive THC and are widely available across the UK. Although the use and sale of CBD products are legal, specific health claims about them should be taken with caution as more research is needed in this area.

It's also important to note that industrial hemp and various CBD products can fall under an 'exempted product criteria', essentially making a product that isn't lawful to consume from industrial hemp, which has been cultivated in the UK under licence, entirely lawful to consume and possess in the UK from industrial hemp that hasn't been cultivated in the UK:

 The 'Exempted Product' Definition

Regulation 2 of the MDR 2001:

  • the preparation or other product is not designed for administration of the controlled drug to a human being or animal
  • the controlled drug in any component part is packaged in such a form, or in combination with other active or inert substances in such a manner, that it cannot be recovered by readily applicable means or in a yield which constitutes a risk to health
  • no one component part of the product or preparation contains more than one milligram of the controlled drug

To meet the criteria of an exempted product all three limbs of the definition must be met.

It's also worth noting that in a number of recent and high profile court cases, UK judges have concluded that hemp flower in it's raw form is not considered a narcotic and does not fall under the misuse of 1971 Misuse of Drugs Act.

 

The Debate on Recreational Use

Despite numerous debates and campaigns over the years, recreational marijuana remains illegal in the UK. Advocates argue that legalising its use may have potential benefits such as reducing organised crime, creating new economic opportunities (i.e., tax revenue), and better ensuring the quality of products. On the other hand, opponents claim that legalization might result in increased drug abuse and related social issues.

In recent years, there have been some parliamentary discussions centred around cannabis law reform, but no concrete steps have been made towards legalisation or even decriminalisation.

Staying Informed and Understanding the Limits of the Law

It's essential to remain aware of the legal status of weed in the UK, as ignorance of the law offers no protection against criminal charges. While medicinal options continue to expand in terms of availability and accessibility, the illegal nature of possessing, producing, or supplying cannabis for recreational purposes remains largely uncompromised. As changes continue to surface surrounding cannabis regulation worldwide, it's crucial to stay informed to ensure you're abiding by the law and avoiding unnecessary risks.

This article is independently written by a third party, and does not necessarily reflect the views or legal opinions of HempHash

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