Reclassification and Beyond The date for set reclassification of cannabis as a class C drug is Thursday January 29th

Reclassification and Beyond

The date for set reclassification of cannabis as a class C drug is Thursday January 29th. 2004. The police enforcement guidelines published by the ACPO last September state that if an officer stops a person in the street, searches them and finds they have a personal amount of cannabis in their possession, after reclassification, the national policy will be that they confiscate the cannabis and give them a warning that cannabis possession is illegal. They will record their record their name in a notebook but no further action will be taken. However officers still retain the power of arrest in the following circumstances:

* Where a person is smoking cannabis in public view,
* Where a person is found to be in possession of cannabis and refuses to surrender it.
* Where a person is known to have been repeatedly dealt with for the possession of cannabis.
* Where persons are in possession of cannabis under circumstances that are causing a local policing problem.
* Where the person in possession is under 18.

The guidelines state that it is very much left to the discretion of the officer to take into account the prevailing circumstances when deciding whether to arrest or not.

No mention has been made of cultivation which remains a criminal offence, but hopefully a tolerant attitude will be taken towards cultivation for personal use. the maximum penalty for supply remains at 14 years.

On 29th October, the House of Commons debated a draught of the new Misuse of Drugs Act in which all cannabis and THC preparations are to be reclassified as class C. The vote was carried by a majority of 316 to 160, a majority of just under 2 to 1 in favour. A few days later the Lords voted, also carrying the motion with a majority of just under 2 to 1 in favour. Adjustments have been made to the Police and Criminal Evidence Act allowing police officers to arrest those in possession of cannabis if there are 'aggravating circumstances'. However the police guidelines [published in September] recommend a 'presumption against arrest'. Police officers are currently receiving training for enforcement under Class C classification.