Cannabis Activism and Cannabis Laws in the U.K.
By: Petal Mcnamee Mashraki
Tags: Drug Laws, Drug, Cbd, Cannabis, Thc

Over the last few months, the legal status of cannabis in Britain has taken a back-burner while Brexit and COVID-19 grabbed the headlines. However, cannabis legalization in the U.K. is once again in the news and this may be the turning point cannabis advocates have been waiting for. More than 50% of Brits are in favor of the legalization of recreational cannabis and even more, people support the use of cannabis in medicine. It is no longer a question of if but when cannabis will be fully legalized in the U.K. and it is becoming progressively clear that legalization will be soon.

Photo by Shelby Ireland on Unsplash

The Present Legal Status of Cannabis in the U.K. 2020

At present medical cannabis is legal in the U.K. when prescribed by a specialist doctor, although prescriptions can be hard to get. CBD, the non-intoxicating compound of cannabis is legal and sold as an herbal supplement. To be legal in Britain CBD products must contain less than 0.2% THC (the cannabis compound associated with getting high). CBD is used by an estimated 300,000 people in the U.K. for relief from symptoms such as chronic pain, inflammation, anxiety, and insomnia. Recreational cannabis and growing, distributing or selling cannabis in the U.K. is illegal. This may sound all very simple but the laws are complex and can be confusing.

Photo by Esteban Lopez on Unsplash

How Have U.K. Cannabis Laws Evolved Over the Years?

In the 15th-century hemp was a sought after product in the U.K., used for many purposes. Wealthy landowners were even required by law to cultivate cannabis or be fined. In 1841 Scottish Dr. W.B. O’Shaughnessy first suggested the use of cannabis in Western medicine after encountering traditional medicine in India. He documented the use of cannabis for epilepsy. In 1857 the Smith Brothers of Edinburgh started producing Indica, a cannabis extract for use in therapeutic tinctures.

At the First International Opium Convention in 1912, Britain was one of the nations to sign an international drug control treaty. In 1925 at the Second Opium Convention in Geneva, the treaty was revised to include Indian hemp and its derivatives as a prohibited substance. Following the treaty, Britain amended the Dangerous Drugs Act making cannabis an illegal drug in the U.K. in 1928.

Throughout the 60s people protested, campaigned and disregarded the anti-cannabis legislation in Britain. In 1967 over 3,000 people attended a “smoke-in” protest in London’s Hyde Park. The cannabis rights activist Stephen Abrams sponsored and authored a full-page advertisement in The Times advocating for cannabis. A government committee investigation in 1968 declared cannabis no more harmful than tobacco and recommended that it be decriminalized and prescribed for medical purposes. The committee’s recommendations were rejected by government leader Jim Callaghan who introduced the Misuse of Drugs Act in 1971.

Photo by Terre di Cannabis on Unsplash

The U.K. Misuse of Drugs Act

The 1971 Misuse of Drugs Act was created in accordance with international treaties to prevent the possession, supply, production and trade of controlled substances, including cannabis. It also allowed the Home Secretary to issue drug licenses for industrial purposes, including the cultivation of cannabis. The Act categorized drugs under three classes –A, B and C according to their potential harm and range of penalties for unlicensed possession of the drug. Cannabis was classified as a Class B drug. Convictions for possession of cannabis grew steadily from 15,000 in 1980 to 72,000 in 1991 costing the taxpayer millions of pounds.

2001 Misuse of Drugs Regulations

A Select Committee was set up to look into the therapeutic use of drugs resulting in the Misuse of Drugs Regulations in 2001. The regulations name who is eligible to be licensed by the Home Office to grow; prescribe and supply controlled substances for legitimate purposes. Cannabis was grouped with dangerous drugs like heroin and LSD in the Schedule 1 category of harmful, non-medicinal drugs with “little or no therapeutic value.” As a Schedule 1 drug cannabis could only be possessed and supplied with Home Office approval. Cannabis remained a Schedule 1 drug until 2018 when it was reclassified as a Schedule 2 drug which could be prescribed for medical purposes.

Photo by Terre di Cannabis on Unsplash

The reclassification of Cannabis in the U.K.

In 2004 the winds of change saw cannabis re-classified from a Class B to the less-harmful Class C drug. The move was supported by Prime Minister Tony Blair and 49% of the British public. This didn’t last for long however and in 2009 Labour Prime Minister Gordon Brown had cannabis re-classified as a Class B drug. The move went against the recommendation of the Advisory Council. To date, cannabis remains classified as Class B according to the 1971 Misuse of Drugs Act. As cannabis is a Class B illegal drug, supplying, trafficking or dealing cannabis is punishable by up to 15 years in prison, confiscation of assets and unlimited fines. Possession of cannabis in the U.K. can land you up to five years in prison or an unlimited fine. For possession of small quantities of cannabis (about an ounce), you can be given a “cannabis warning” which is kept on record but does not entail a fine or prison time.

Cross-Party Delegation to Canada

In 2019 Labour MP David Lammy; Conservative MP Jonathan Djanogly and Liberal Democrat MP Norman Lamb (former Health Minister) visited Canada where recreational cannabis has been legal since 2018. On their fact-finding visit organized by the activist group Volteface, the trio got an in-depth view of Canada’s cannabis industry and their experience was documented by the BBC. In the documentary Lamb talks about how criminalizing people for using cannabis in the U.K. is a mistake and has a detrimental effect on society. Lammy MP said the fact-finding trip to Canada had shifted his position on legalization. He said that the cannabis market should be taken back from criminal gangs and that the public should be educated about cannabis. MP Lammy proposed legal regulation, quality control, labeling, and organization of the industry. Djanogly MP was not sold on the idea of legalization but said he thought the U.K. was on a 10–15 year cycle that would result in legalization. The group predicted that it will be fully legalized in the UK within 5–10 years.

Photo by Stefan Rodriguez on Unsplash

Legalization of Cannabis in the U.K. 2020

The attention of the world has turned to corona and for now, recovering from the pandemic will probably take up the government’s time as other issues are left unsolved. Once the U.K. is back on its feet cannabis advocates will once again pick up the gauntlet and campaign for legalization in the U.K. to equal the legalization in other countries around the globe.