In 2001, The Labour Party unveiled a ground breaking plan to reshape the classification of cannabis in the UK. They intended to shift it from the Class B category to Class C, a move that would drastically reduce the penalties associated with possession and supply. Essentially, it was a step toward decriminalizing cannabis use across the United Kingdom, allowing law enforcement to prioritize more serious crimes."
This reclassification proved to be a game-changer. According to a 2005 Home Office report, it saved an astonishing 199,000 police hours. However, the triumph was short-lived, as in 2007, Gordon Brown reversed this decision, bumping cannabis back up to Class B. This move flew in the face of advice from the Advisory Council on the Misuse of Drugs.
Today, cannabis remains a Class B drug in the UK, making it illegal to possess, supply, or produce under the Misuse of Drugs Act. The maximum penalty for possession can land you in prison for up to 5 years, while supplying cannabis carries a daunting 14-year maximum sentence. For cannabis advocates, this can feel like a draconian relic, especially as numerous countries worldwide are embracing more lenient cannabis laws, allowing adults to enjoy the plant recreationally. Despite the harsh classification and penalties, over 4.7 million people in the UK continue to consume cannabis, driving a thriving black market economy worth a staggering £6 billion.
Fast forward to November 2018, and a glimmer of hope appeared on the horizon as changes in the law permitted medical cannabis prescriptions. Sadly, the uptake within the National Health Service (NHS) has been painstakingly slow, with a mere three whole plant prescriptions issued over three years. The emergence of a private medical cannabis sector in the UK didn't provide much solace, as the associated costs and conditions proved prohibitive for many. Moreover, issues like contamination in the legal supply chain further complicated matters. As a result, an estimated 1.4 million people continue to resort to the black market to obtain cannabis for medical purposes.
This bleak situation in the UK stands in stark contrast to the country's status as the world's largest exporter of medical cannabis. The hypocrisy of this, coupled with the thriving illegal market and the criminalization of desperate patients, creates compelling arguments for reform. But is the UK any closer to establishing a legal adult cannabis market?
When it comes to the official stance of the ruling Conservative Party, the outlook seems rather closed to cannabis reform. Their recent manifesto made no mention of cannabis, and party members frequently adhere to the policy that cannabis should remain regulated in the UK.
However, within the party, there is a divergence of views. Notably, Conservative MP Crispin Blunt has championed cannabis reform, establishing the Conservative Drug Policy Reform group in 2019. This group's mission revolves around reshaping UK drug policy to protect young people better, improve health and social outcomes, and reduce drug-related harm. While their focus primarily centres on issues related to the CBD industry and medical cannabis, Crispin Blunt consistently advocates for change from within the party.
One glimmer of optimism for cannabis reform in the UK comes from the Mayor of London, Sadiq Khan. He made cannabis decriminalization a pivotal part of his 2021 election campaign, promising to review the law if re-elected. This campaign promise bore fruit, with Khan securing 55% of the vote and securing another term as mayor. In January 2022, a leaked report hinted at plans for a pilot scheme in London to decriminalize not just cannabis but other Class B drugs. The scheme's essence was to divert individuals under 25 away from the courts and potential criminal records, offering them education, advocacy-style courses, or counselling instead. Police officers would be instructed not to make arrests but to escort young people back home.
Khan intensified his efforts in May 2022 by establishing the first London drugs commission to scrutinize the effectiveness of the UK's drug laws, with a particular focus on cannabis. This panel, led by Lord Charlie Falconer QC, a former lord chancellor and justice secretary, consists of experts in criminal justice, public health, politics, community relations, and academia. They will assess evidence from around the world regarding various drug policies' outcomes.
Now, let's explore the views of opposition parties on cannabis reform in the UK. The Labour Party, the primary opposition to the Conservatives, holds a mixed stance. While many within the party support reform, including Labour Mayor of London Sadiq Khan, the party's leader, Sir Keir Starmer, has expressed less clarity on the issue. Initially, he opposed decriminalizing cannabis possession, citing concerns about its impact on vulnerable individuals. However, he later suggested openness to a mature discussion on how to handle such cases. He also voiced support for a drug decriminalization scheme in Scotland. The party does endorse increased access to medical cannabis in its latest manifesto, pledging to promote clinically appropriate prescriptions for medical cannabis. The manifesto also commits to shifting the UK's approach to substance misuse from criminalization to harm reduction.
On the other hand, the Liberal Democrats have consistently advocated for cannabis reform, criticizing past Labour and Conservative policies as fear-driven rather than evidence-based. In their 2019 manifesto, they explicitly addressed cannabis, emphasizing support for more clinical trials on its medicinal uses. They also expressed a willingness to allow those who find cannabis helpful for managing pain to use it without fearing criminal prosecution.
The Green Party takes an even more progressive stance in their drug policy. They not only pledge to end the prohibition of all drugs but also advocate for the development of licensed Cannabis Social Clubs, where members can collectively cultivate, prepare, and consume cannabis for recreational purposes. Interestingly, The Greens also recognize the role of CBD in cannabis to mitigate the harm caused by high levels of THC and vow that all commercially available cannabis products should contain a minimum of 1% Cannabidiol.
In Scotland, the ruling Scottish National Party supports the decriminalization of all drugs, including cannabis, in response to the country's high drug-related death rates. The move aims to reduce harm by decriminalizing the possession of small amounts of all drugs, from Class A to Class C.
Interestingly, changes in the police approach in the UK have led to a de facto decriminalisation of cannabis. While the law stipulates a maximum prison sentence of up to 5 years for cannabis possession and allows police to issue on-the-spot fines of £90 for such offenses, many police forces have opted not to pursue prosecution. Instead, they employ 'community resolutions' to address cannabis-related incidents. House of Commons researchers analysing police data found that the number of cannabis possession offenses decreased from 160,733 in 2010/11 to 110,085 in 2019/20. However, fewer than a quarter of these offenses resulted in charges, indicating that the police generally do not consider cannabis possession a severe crime.
A growing number of police and crime commissioners now publicly express support for alternatives to criminal convictions for cannabis offenses. These 'diversion schemes' not only free up police resources but also prevent individuals from acquiring criminal records for minor cannabis possession.
Medical cannabis has been legal in the UK since November 2018, allowing specialist doctors to prescribe cannabis-based medicines. However, significant limitations persist. Patients must have a qualifying condition and have typically tried two prior prescription medications or treatments. Furthermore, prescriptions are exclusively available through private clinics, which involve initial consultation fees, ongoing consultations, and prescription charges. Even when patients receive prescriptions for cannabis flowers, smoking remains illegal. Patients are advised to
use dry herb vaporizers for medical consumption and can only legally possess the flowers issued by the pharmacy, not any other cannabis. Despite the change in the law, many patrol officers remain uncertain about the legal status of cannabis, leading to several high-profile incidents of patients being wrongly detained or having their medicine confiscated by the police.
As of October 2022, approximately 20,000 prescriptions have been issued to eligible patients in the UK, according to the Medical Cannabis Clinicians Society. While this marks progress, it still excludes many individuals who may not meet the medical criteria or cannot afford private cannabis prescriptions. To address this disparity, the Cancard scheme was launched in 2019.
The Cancard scheme was designed to support people who use cannabis for legitimate medical reasons but cannot access it through the private system. Upon providing evidence of a legitimate medical need for cannabis, members are issued a card. When presented to a police officer, this card is meant to explain why the individual may have cannabis in their possession. While the card does not guarantee immunity from legal consequences, it offers a recognized explanation of mitigating circumstances that can influence an officer's decision regarding further action.
Pressure for cannabis reform in the UK also comes from international developments. Across the world, cannabis legislation is undergoing sweeping changes. Uruguay became the first country to legalize cannabis for adults in 2013, followed by Canada in 2018. In the USA, nearly all states have either decriminalized or legalized cannabis in some form, despite its federal status as illegal. A poll shows that 68% of Americans support cannabis legalization for adults, and President Joe Biden has signalled intentions to review its classification under federal drug laws.
Europe is experiencing a wave of cannabis policy changes as well. Malta became the first European country to legalize cannabis for adult use in 2021, with Luxembourg planning to follow suit. The Netherlands, known for its relaxed approach to cannabis, intends to legalize the commercial market for adult use. Switzerland plans to launch a trial allowing 5,000 adults access to the drug for social impact studies. Policymakers from Germany, Malta, The Netherlands, and Luxembourg held a historic summit in July 2022 to discuss "the regulation of cannabis for non-medical and non-scientific uses," marking the first formal meeting between European countries to advance cannabis legalization across borders. Decriminalization is already in place across Europe in countries like Portugal and Spain, with Italy poised to follow suit.
Germany, Europe's largest economy, is also on the cusp of significant cannabis reforms. Following the 2021 election, a newly formed coalition government announced plans to legalize cannabis for adult use across the country. A report estimated that this move could boost the German economy by approximately £4 billion per year and create 27,000 new jobs. The country formalized these plans in October 2022 with a comprehensive report outlining the path toward legalization. The German Minister of Health, Dr. Karl Lauterbach, and Federal Minister of Food and Agriculture, Cem Özdemir, announced in April 2023 that the country would proceed with a two-tier plan to legalize cannabis. Firstly, personal possession of up to 25g will be legalized, allowing adults to grow plants for personal consumption at home or obtain cooperatively grown cannabis from non-profit 'cannabis associations.' The second phase involves localized pilot schemes with licensed 'specialist shops' selling cannabis products similar to dispensaries found in many US states and Canada.
This ambitious approach in Germany suggests that the EU is closely monitoring developments and that Germany's plans could have broader implications for cannabis reform across Europe. This puts additional pressure on the UK to consider similar measures.
Even outside Western cultures, attitudes are evolving. Thailand, known for its tough penalties for drug possession, including cannabis, lifted its ban on cannabis in June 2022, even distributing one million cannabis seeds to support local farmers.
The UK often looks to the US for political influence, and despite Brexit, the country maintains close ties with its European neighbours. Changing attitudes, progressive policies abroad, potential tax revenues, and the allure of economic benefits are likely to mount pressure on the UK government to rethink its domestic cannabis laws.
Now, let's explore the potential impact of Rishi Sunak, the latest Prime Minister. On September 6, 2022, Liz Truss assumed the role of Prime Minister following Boris Johnson's resignation. However, on October 25, 2022, she resigned, making way for Rishi Sunak.
The Conservative Party is currently experiencing internal turmoil, particularly regarding cannabis. Sunak, who served as Chancellor during Boris Johnson's tenure, maintained a relatively neutral stance on cannabis during his campaign for party leadership. He offered few clues about how he might approach reform.
Sunak inherits a country grappling with financial crisis, stemming from Brexit, COVID, and surging inflation. As the youngest-ever Prime Minister, he might be open to progressive changes that stimulate economic growth. Previous estimates suggest that legalizing cannabis in the UK could generate between £1 billion and £3.5 billion annually in tax revenue, in addition to saving the already underfunded police and court systems hundreds of millions. A group of cannabis trade organizations recently presented a case for hemp reform to leadership candidates, which could begin to unlock some of the plant's environmental benefits. However, with the party's internal divisions, making predictions remains a challenge.
The government's official stance on cannabis might not inspire hope, especially with Home Secretary Suella Braverman's suggestion in late 2022 that cannabis should be reclassified as a Class A drug. Fortunately, this idea was rejected by No 10. Nevertheless, the government also blocked Bermuda's efforts to legalize cannabis, signalling a discouraging trend. However, when you consider the progress made in recent years and the shifting public attitudes, there is reason to believe that cannabis reform in the UK is not just a distant dream.
In fact, public support for legalizing cannabis in the UK has reached an all-time high. A 2019 YouGov survey revealed that only 32% of UK residents opposed legalizing cannabis. A more recent Civitas survey found that 5.85 million adults who haven't used cannabis in the last decade would consider trying it if it were legalized. Commercial and political pressure is mounting on the government as countries around the world capitalize on the economic benefits and tax revenue generated by legalizing cannabis. Police forces across the UK are already adjusting their approach to cannabis, and mounting evidence suggests that legal cannabis markets do not lead to public health crises.
As the UK undergoes political transitions and potentially faces a change in leadership before the next general election, sweeping reforms in the near future may remain unlikely. Nevertheless, the case for cannabis legalization in the UK continues to grow stronger as arguments against it weaken, public health and economic benefits become more evident, and neighbouring countries embrace more progressive policies.
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