Written by Elvinas Kukys – v2_lawblog
Cannabis is the most widely used illegal drug in the world. It’s not native to the British Isles and was probably introduced from Continental Europe towards the end of Roman occupation.
Cannabis is illegal to possess, grow, distribute or sell in the UK without the appropriate licences. It is a class C drug (announced in 2001 that cannabis would be transferred from class B of the Act to class C, removing the threat of arrest for possession. Arrest for distribution will still be available), with penalties for unlicensed dealing, production and trafficking of up to 14 years imprisonment. Generally, less than 1 ounce of herbal cannabis, or a slightly higher quantity of hashish, if it is found to be for personal use, this entails the police keeping a record, albeit one which carries no fine and does not show up on CRB checks.
So you got caught with weed. Now what will happen? It depends on how much you have on you, it can either be a big trouble or an expensive fine.
The sentencing guidelines are as follows:
In regard to possession of cannabis, there has been little change from the current Magistrates Sentencing Guidelines. It’s a Band B fine. The new guidelines range from discharge to 26 weeks in custody.
In terms of cultivation and production of cannabis there have been some changes due to the recent guidelines in the Court of Appeal case of R v Auton. This case provided much harsher guidelines for sentencing cannabis production cases involving yields of approximately 1 kilo. The guidelines are as follows:
- Where there is no element of supply the sentence range is likely to be between 9 – 18monts, depending on size of operation
- Where there is no evidence of commercial supply for profit but there is supply to others the range is likely to be 18 months to 3 years
- Where the operation is a commercial one but falls below an industrial operation the range will be 3 to 6 years
The cannabis activists should be aware that the offences remain criminal, and so can result in a criminal conviction. V2_lawblog does not glorify any use, cultivation or distribution of marijuana, and strongly advise not to get involved in any type of law disobedient activity.
Tell us what you think in the comments bellow.
You can follow us on: www.facebook.com/v2lawblog
If you have any questions or suggestions – write to us: firstname.lastname@example.org
Please Note: This guidance is for information purposes only and is not intended to replace legal advice when faced with a risk decision.