A new report from the London Drugs Commission recommends a big change for cannabis laws in the UK: moving towards the decriminalisation of cannabis possession. This means that possessing cannabis for personal use might no longer be a criminal offence.
The report, called “The Cannabis Conundrum: a way forward for London” looked closely at how cannabis use impacts Londoners, police, healthcare, and the wider community. It put forward 42 recommendations, with the main one being to remove cannabis from the Misuse of Drugs Act.
But what led the experts to these conclusions? Let’s take a closer look at what the report found.
The London Drugs Commission
The London Drugs Commission was set up in 2022 by London Mayor Sadiq Khan. It was led by Lord Charlie Falconer QC, a former government minister. This group of independent experts was tasked with reviewing the UK’s drug laws, with a special focus on cannabis. Their findings have recently been shared, leading to many discussions in the news.
The report highlights that “the current law criminalises importation, exportation, production and supply of cannabis, with the possibility of severe associated punishments. It also criminalises cannabis possession and, in this, we find it not fit for purpose.”
The report offers 42 recommendations, some specific to London and others that could apply across the UK.
Cannabis Laws in the UK
Currently, cannabis is a Class B drug under the Misuse of Drugs Act 1971. This law places it alongside other illegal substances. For many years, this meant doctors couldn’t prescribe cannabis for medical reasons. However, this changed in 2018 when there was a change in policy, meaning medical cannabis could be legally prescribed to individual patients.
Today, cannabis-based medical products can be prescribed by specialist doctors to treat a wide range of conditions. Growing, importing, selling, and using cannabis for non-medical reasons is still against the law. While prison sentences for possessing small amounts of cannabis are rare, it remains a criminal offence. The “Cannabis Conundrum” report challenges this current situation.
Key Recommendations from the Report
The central recommendation of the report is that cannabis policy must shift towards a more evidence-based, public health-led model.
The main suggestion from the report that has grabbed the attention of the media, however, is to move cannabis from the Misuse of Drugs Act 1971 to the Psychoactive Substances Act. This change would mean that having cannabis for personal use would no longer be a crime. However, more serious offences, like producing or distributing cannabis, would still be illegal.
This recommendation is based on information from over 200 contributors, including experts from countries where cannabis laws are different.
A Focus on Health
Using cannabis, especially illegal cannabis, without the safeguards of regulation and quality control, can have different effects on health. Some evidence suggests that a small number of people who use cannabis might be at risk of mental health issues, including developing certain psychiatric conditions, dependency, and addiction. In the UK, cannabis is often used with tobacco, which can lead to further health problems and nicotine addiction.
However, the report suggests that simply banning cannabis doesn’t always stop these harms. In fact, prohibition might even contribute to them. Because of this, the report includes several recommendations for a more health-focused approach to cannabis policy. For example, it suggests that the National Institute for Health and Care Excellence (NICE) should update its advice on cannabis use to reflect modern cannabis products and their potential risks more accurately.
Removing prohibition, without successful attempts to either introduce a regulated market or other measures to address the potential hidden dangers in illicit cannabis does not help improve the situation either. Research from Curaleaf Clinic in collaboration with Manchester Metropolitan University has shown that illicit cannabis may be adulterated or contaminated with psychoactive substances, mould, yeast, lead, E.coli or salmonella. These have a real potential to cause harm, so whilst criminalising people for possessing cannabis—especially when used to manage medical conditions—does more harm than good, it is important that measures are taken to protect them from the potential risks.
How Cannabis Policing Affects Communities
In places where cannabis laws have changed (decriminalisation or legalisation), there has been a drop in arrests for cannabis possession. This means fewer people enter the criminal justice system, which can greatly improve their future opportunities.
Under current laws in the UK, data shows that Black individuals and other ethnic minority groups are stopped and searched by police more often, both in London and across the country. The report notes that decrimnialising cannabis possession could help reduce this imbalance.
Other Important Recommendations
The Cannabis Conundrum report offers a total of 42 recommendations for cannabis reform in the UK. In addition to the removal of cannabis from the Misuse of Drugs Act, other key recommendations include:
- Commission a net benefit economic assessment of a legal cannabis market.
- Introduce a drug testing service in London that includes cannabis.
- Explore effective treatment methods specific to cannabis-related problems.
- NICE (the National Institute of Health and Care Excellence) should update guidance to reflect modern cannabis and its risks.
- Explore use of prescription-grade cannabis in treating problems from non-medical use.
- Add endocannabinoid training to pharmacy education (GPhC syllabus).
- Make cannabis possession offences non-disclosable in criminal record checks.
- Explore permitting limited home cultivation of cannabis, based on international evidence.
- Fund research into the effectiveness of CBPMs for a wider range of conditions.
- Ensure all police forces understand laws regarding medical cannabis possession and prescription.
- If evidence supports, assess training/costs of allowing NHS unlicensed CBPM prescribing.
What About Cannabis Legalisation?
In recent years, more people in the UK have supported making non-medical cannabis legal. Countries like Canada, Germany, and Uruguay, and over 20 US states, have already legalised it. However, the report found that the results of full legalisation are not always straightforward.
Based on the evidence they reviewed, the report’s authors concluded that there isn’t a strong enough case for full legalisation of non-medical cannabis at this time and the challenges that other countries have faced despite legalisation.
Consideration however, must be given to the different policy approaches taken by different jurisdictions and the overall harms and benefits of each approach. For example, in the USA introduction of legal non-medical cannabis has not always displaced the illegal market. Whereas, in Canada, recent research suggests the transition to legal recreational cannabis has been better at suppressing illegal cannabis sales.
Reactions to the Report’s Recommendations
The findings and recommendations of the Cannabis Conundrum report have elicited a range of responses from experts, advocates, and politicians across the political spectrum.
Dr Simon Erridge, Research Director at Curaleaf Clinic, told Business of Cannabis: “We know that being classified as a Class B drug hasn’t effectively reduced harm or changed access to cannabis. With so many people who are in need of cannabis to manage a diagnosed health condition still forced to rely on illicit methods of obtaining it, it’s critical we remove barriers to regulated, quality-tested medical products.
“With the right investment in research and policy, greater access to medical cannabis through the NHS is achievable. That’s why it’s vital that this momentum leads to real change, as quickly as possible, for the benefit of current and future medical cannabis patients.”
What’s Next for UK Cannabis Policy?
London Mayor Sadiq Khan has publicly supported the report’s recommendations. However, it’s not yet clear how these findings will affect cannabis policy across the UK. The current Labour government doesn’t have to follow the report’s advice and has stated that it has no immediate plans to change cannabis laws.
Nevertheless, as the London Mayor oversees policing in the capital, these recommendations could potentially influence how police prioritise cannabis-related issues in London.
