HOME OFFICE News
Release (173/2008) issued by COI News Distribution Service. 13
October 2008
Home Secretary
Jacqui Smith today confirmed that repeat cannabis offenders will
face tougher penalties. People caught carrying cannabis for a
second time could now face an on-the-spot fine of £80 instead of a
warning. This was announced alongside a Parliamentary Order laid
to reclassify the drug to Class B from 26 January 2009.
Reclassification is a preventative measure to protect the public.
Cannabis is a harmful drug and poses a real risk to health of
those who use it. The stronger strains, such as skunk, that now
dominate the illegal UK cannabis market may increase mental health
problems, especially if young people start to use at an early age
or "binge smoke".
That is why the Government accepted the Association of Chief
Police Officers' proposal for a strengthened and escalating
enforcement approach for possession in England and Wales. Under
Penalty Notice for Disorder proposals, which the Ministry of
Justice will shortly consult on, those caught with cannabis on a
first occasion could still get a cannabis warning, but on a second
occasion are likely face a fine of £80 and arrest if caught for a
third time.
Home Secretary Jacqui Smith said:
"While cannabis has always been illegal, reclassifying it to
a Class B drug reinforces our message to everyone that it is
harmful and should not be taken.
"Fewer people are taking cannabis, but it is crucial that
this trend continues. I am extremely concerned about the use of
stronger strains of cannabis, such as skunk, and the harm they can
cause to mental health.
"This is the next step towards toughening up our enforcement
response - to ensure that repeat offenders know that we are
serious about tackling the danger that the drug poses to
individuals, and in turn communities. We need to act now to
protect future generations."
Criminalising people unnecessarily is not the Government's
aim. However, the proposed new escalation of penalties will ensure
the police and courts have a range of sanctions at their disposal
so that the punishment is proportionate to the offence. Both
reclassification and escalation for repeat offenders will
reinforce the message that cannabis is illegal.
The Association of Chief Police Officers' Lead on Drugs and
Chief Constable of Humberside Police Tim Hollis said:
"There is evidence of increasing harms to community safety
associated with criminal behaviour around the cultivation,
distribution and the use of cannabis.
"While enforcement alone will not provide the total solution
to a crime that is a global problem, this will act as a deterrent,
along with better education about the impact of drugs.
"Where cannabis use is repeated or where there are
aggravating circumstances locally, officers will take a harder
line on enforcement and escalate their response accordingly. Every
encounter at street level provides intelligence and helps us to
act against the criminal gangs who seek to profit from cannabis
production and distribution."
Alongside this, the Government also published its response to 21
recommendations made by the Advisory Council on the Misuse of
Drugs (ACMD). In accepting 20 of the ACMD's recommendations
in its Report - Cannabis: Classification and Public Health, the
Government has committed to taking forward work across a range of Departments.
Children and Families Minister Delyth Morgan said:
"The reclassification helps us get our message across that
cannabis is not a harmless drug and that there are real concerns
about how this will impact on the future of young people who use
it. The FRANK campaign and our review of drug education will
ensure that the potential harms are better understood by young
people and their parents."
Notes to Editors
1. The Government's decision to reclassify cannabis as a
Class B drug was announced by Home Secretary Jacqui Smith on 7 May
2008. The decision sits within the over-arching aims of the
Government's 10 year drug strategy - Drugs: protecting
families and communities.
2. The required draft Order in Council will be listed tomorrow in
the House of Commons Order Paper. Changing a drug's
classification means affirmative resolution debates in both Houses
before being submitted to the Privy Council for approval and
subsequent implementation. Cannabis should become a Class B drug
under the Misuse of Drugs Act 1971 from 26 January 2009
3. The decision follows a review of cannabis classification which
was carried out by the Advisory Council for the Misuse of Drugs,
at the request of the Prime Minister. The ACMD's full report
is at: http://www.drugs.homeoffice.gov.uk/drugs-laws/acmd
4. The Government accepted 20 of the 21 recommendations from the
ACMD report. The Government's response has been published
today at http://www.drugs.homeoffice.gov.uk
5. On 26 September 2008 it was announced that Mark Matthews had
been appointed as national co-ordinator to combat cannabis
cultivation. During National Tackling Drugs Week in May this year,
89 cannabis farms were shut down. Mr Matthews is now intensifying
work in this area, working with law enforcement agencies to
develop a comprehensive intelligence picture and robust national
response to combat cultivation, making the UK a hostile
environment for criminals involved in this illegal trade.
6. Cannabis warnings were introduced specifically for the
purposes of being consistent with reclassification of cannabis to
Class C in 2004. Under current ACPO guidelines, a person can
receive a second warning without any further escalation. The
Government's decision to reclassify cannabis to Class B
points towards a step change in the enforcement regime. The Home
Secretary wrote to ACPO for proposals for a strengthened and
escalating approach to possession which she and the Secretary of
State for Justice Jack Straw have accepted, subject to
consultation on Penalty Notices for Disorder (PNDs). The proposed
escalation for simple possession by an adult offender is :
* one cannabis warning for a first offence;
* one PND for a
second offence;
* arrest for a third offence, then to be
considered for further action - including release without charge,
caution, conditional caution or prosecution. All subsequent
offences are likely to result in arrest.
As the Home Secretary made clear on 7 May, the current procedure
for under-18s caught in possession - which uses a reprimand, final
warning and charge - will remain unchanged as it provides an
appropriate escalation mechanism.
7. The proposed escalation response for repeat offenders remains
proportionate, is consistent with reducing police bureaucracy and
continues to offer discretion and flexibility to the police.
However, it does not preclude officers from immediately effecting
arrest, for instance where there are aggravating factors present.
It will not apply where there is any evidence of dealing or
possession with intent to supply to others.
8. When cannabis was reclassified to Class C in 2004 the
policing approach in Scotland and Northern Ireland did not change.
Cannabis warnings were not introduced. Anyone found in the
possession of cannabis was and will continues to be reported to
the Procurator Fiscal or Public Prosecution Service respectively
where a decision on cautioning or prosecution will then be made.
9. Reclassification of cannabis to a Class B drug has a number of
consequences in terms of maximum penalties. For possession of
cannabis as a Class B drug, the maximum penalty on indictment
increases from two to five years' imprisonment. On summary
conviction, in respect of which the majority of possession cases
are dealt with, the maximum imprisonment penalty remains the same
at three months, although the maximum fine that the
Magistrates' Court can impose increases from £1,000 to
£2,500. For the supply and production offences for cannabis, the
maximum penalties on summary conviction increase to six
months' imprisonment and/or a £5,000 fine (from three months
and/or a £2,500 fine respectively). The penalties for other
offences relating to cannabis are unaffected, including the
maximum penalty on indictment for supplying or producing cannabis
of 14 years' imprisonment and/or an unlimited fine.
10. Data from the British Crime Survey continue to show cannabis
use is falling steadily across all age ranges. Between 2002/03 and
2007/08, the proportion of 16-24 year olds reporting the use of
cannabis in the last year fell from 26.2 per cent to 17.9 per
cent, equating to a drop of more than 30 per cent over the period.
11. A survey of secondary age pupils shows that young people had
more negative attitudes to cannabis in 2007 than in 2003. 10 per
cent of 11-15 year olds thought it was "okay to take cannabis
once a week" in 2003, dropping to 6 per cent in 2007.
Furthermore cannabis use among 11-15 year olds, 16-24 year olds
and the wider adult population have all been falling fairly
consistently since 1997.
12. The FRANK campaign has been successful in shifting young
people's attitudes towards cannabis use. In a survey to
measure the effectiveness of the campaign, the number of 11-14
year olds who said that cannabis is "very likely" to
damage the mind of someone rose from 45 per cent in 2006 to 58 per
cent in 2008. Young people who want to know more about the risks
of using cannabis or other drugs can contact the FRANK website and
helpline: http://www.talktofrank.com
0800 77 66 00.
020 7035 3535