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The law on Cannabis.

Cannabis is a Class B controlled drug in the UK. It is illegal to possess, grow, produce, supply or possess cannabis with intent to supply unless a limited legal exception applies, such as a properly prescribed cannabis-based medicinal product.

Although cannabis may be widely available and attitudes towards it have changed in some countries, the legal position in the UK remains strict. Being found with cannabis, growing cannabis plants, sharing cannabis with others or driving after using cannabis can all have serious consequences.

Possession of Cannabis

Simple possession means having cannabis for personal use. The police response will depend on the facts, including the amount involved, where the offence took place, whether there are previous drug offences, the person's age, and whether there is any evidence of supply.

For a first or lower-level offence, the police may decide to issue a warning, community resolution, penalty notice or caution, depending on local policy and the circumstances. This is not guaranteed. A person can still be arrested, charged and prosecuted for possession of cannabis.

Will possession lead to a Criminal Record?

A caution is not the same as a criminal conviction, but it can still be recorded and may appear on certain criminal record checks. A conviction for possession can also affect employment, travel, education, professional regulation and immigration status.

Repeated possession offences are likely to be treated more seriously. Further offences may result in arrest, charge, prosecution and a criminal conviction.

Possession with Intent to Supply

Possession with intent to supply is treated much more seriously than simple possession. A person does not have to be making a profit to be accused of intending to supply cannabis.

Sharing cannabis with friends, buying cannabis on behalf of others, being found with a larger quantity, or having cannabis divided into separate bags can all potentially lead to an allegation of possession with intent to supply.

Evidence That May Suggest Supply

Police and prosecutors may consider the quantity of cannabis, how it is packaged, whether scales, deal bags or tick lists are present, phone messages, cash, social media evidence and any other material suggesting onward supply.

The maximum sentence for supplying cannabis or possessing cannabis with intent to supply is up to 14 years in prison, an unlimited fine, or both.

Growing Cannabis

Growing cannabis plants is illegal and may be treated as the production of a controlled drug. This can apply even where a person says the cannabis was only intended for personal use.

The seriousness of the offence will depend on factors such as the number of plants, the growing setup, the maturity of the plants, electricity use, whether equipment was installed, whether there is evidence of commercial production and whether other people were involved.

Personal Use Cultivation

Some people wrongly believe that growing a small number of plants for personal use is lawful. It is not. The scale of the cultivation may affect the likely sentence, but it does not make the activity legal.

Supplying or Sharing Cannabis

Supply does not only mean selling drugs for profit. Giving cannabis to another person, sharing it socially or passing it on for someone else can amount to supply.

This distinction is important because supply offences are much more serious than possession. A person who thought they were only sharing cannabis with friends may still face a supply allegation if the evidence supports it.

Driving After Taking Cannabis

It is illegal to drive while unfit through cannabis or with cannabis above the specified legal limit in the blood. A driver can commit an offence even if they do not feel impaired.

A conviction for drug driving can lead to a minimum 12-month driving ban, an unlimited fine, up to 6 months in prison and a criminal record. The conviction can also remain on a driving licence for 11 years, which may affect insurance and employment where driving is required.

Medical Cannabis and Driving

A person prescribed cannabis-based medicine should follow medical advice and must not drive if impaired. There may be a medical defence in some cases involving prescription medicine, but this will depend on whether the medicine was taken as prescribed and whether the person's driving was impaired.

Anyone using prescribed cannabis-based medicine should discuss driving with their doctor or pharmacist and keep evidence of their prescription where appropriate.

Medical Cannabis

Cannabis-based medicinal products can be prescribed legally in the UK in limited circumstances. They are not the same as cannabis bought or used without a prescription.

Medical cannabis is usually considered only where other treatments have not been suitable or effective. Prescribing is generally limited to specialist doctors or doctors acting under specialist supervision.

Using Cannabis Without a Prescription

Using cannabis for claimed medical reasons without a lawful prescription remains illegal. A person may still face police action if they possess or grow cannabis without proper legal authority, even if they say they are using it to manage pain, anxiety, sleep problems or another medical condition.

Searches, Arrests and Police Action

Police may use stop and search powers where they have reasonable grounds to suspect that a person is carrying controlled drugs. If cannabis is found, the officer may seize it and decide what action to take.

Depending on the circumstances, the person may be dealt with at the scene, invited for interview, arrested, cautioned or charged. Where supply or cultivation is suspected, the matter is likely to be treated more seriously.

Consequences Beyond Court

A cannabis offence can have consequences beyond the immediate penalty. It may affect employment, professional registration, security clearance, university or college courses, insurance, travel to other countries, immigration status and future criminal record checks.

This is particularly important for people working in regulated sectors such as law, finance, healthcare, education, transport, security, childcare or roles involving vulnerable people.

When Legal Advice May Be Needed

Legal advice may be needed if a person is accused of possession, possession with intent to supply, cultivation, supply, drug driving or any offence involving cannabis. Advice is especially important before accepting a caution, attending a police interview, pleading guilty or agreeing that cannabis was intended for supply.

A criminal defence solicitor can advise on the evidence, possible outcomes, interview procedure, cautions, charging decisions, court process and any impact on employment, travel or professional status.

Current Position

Cannabis remains illegal in the UK except in very limited circumstances involving lawful medical prescription. Possession, supply, cultivation and drug driving can all lead to serious legal consequences.

Anyone facing police action involving cannabis should take the matter seriously and seek legal advice as early as possible, particularly where there is any suggestion of supply, cultivation, driving, repeat offending or professional consequences.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Criminal law, drug laws and medical cannabis rules can change, and how the law applies will depend on the facts of each case.

Feedback

If you believe this page contains an error or requires updating, don't hesitate to get in touch with us. We welcome amendments that help keep our legal information accurate and useful.

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