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England Cannabis
United Kingdom Marijuana Laws
England Marijuana Laws
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England Marijuana Laws

Key Points

  • Recreational cannabis is illegal in England
  • Cannabis is a Class B drug in England, but was briefly downgraded to a Class C drug between 2004 and 2008
  • Medical cannabis was legalised in the UK, and England, in 2018 but the country’s medical cannabis program is limited and restricted

Is Marijuana Legal in England?

In England, the recreational use of marijuana is prohibited. However, medical cannabis is legal. Under the UK Misuse of Drugs Act 1971, cannabis is a Class B drug. Except for prescribed medical use, it is illegal to possess, distribute, sell, or grow cannabis in England. The British law recommends a warning for a first offence of possession as long as there are no attendant aggravating factors. However, unlicensed cannabis cultivation, production, or trafficking attract more severe punishments including heavy fines and imprisonment.

England Marijuana Laws 2024

While recreational marijuana remains illegal in England, the medical use of cannabis is allowed thanks to the legalisation of medical marijuana in the UK on 1 November 2018. In 2004, the Labour Party tried to decriminalise marijuana by downgrading it from a Class B drug to a Class C drug. However, this gain was erased in 2007 when Prime Minister Gordon Brown returned cannabis back to a Class B classification. Even though there have not been recent changes to the country’s marijuana laws, there are indications that full legalisation of marijuana may be possible in a few years. For example, a 2021 poll among members of the UK Parliament showed that 79% of them agreed that the current policies on marijuana legalisation needed to change.

Industry watchers also believe marijuana is likely to become legal in England, and the rest of the UK, in the near future as more countries make cannabis legal. With states in the US definitely marching towards making both medical and recreational cannabis legal, it is expected that marijuana will soon be legal at the federal level. Cannabis is fully legal in Canada and Germany also recently legalised marijuana. Other European countries have shown their willingness to legalise or decriminalise cannabis. Spain, Portugal, and the Netherlands already decriminalised cannabis use. These

Timeline of Cannabis Laws in England

  • 1928: The United Kingdom banned cannabis and added it as an addendum to the Dangerous Drugs Act 1920. When it was first enacted, the Act empowered the Home Office, through the Home Secretary, to regulate and control the use of raw opium, heroin, morphine, cocaine, and ecgonine. The Act also mandated that the import, export, sale, distribution, and possession of barbiturates must be licensed by the Home Secretary. The 1928 addendum added cannabis to this list of controlled substances
  • 1971: The Misuse of Drugs Act was passed in the UK Parliament. This Act codified agreements from international treaties signed by the UK under the Single Convention on Narcotic Drugs (1961) as well as the United Nations’ Convention on Psychotropic Substances (1971) and Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). The Misuse of Drugs Act established four categories of controlled substances in the UK (Classes A, B, and C and Temporary Class) and placed cannabis in Class B
  • 2004: The UK government, under the Labour Party, decriminalised cannabis by downgrading it to Class C in accordance with the recommendation of the Advisory Council on the Misuse of Drugs (ACMD). This downgrade recommended less severe penalties for cannabis-related crimes
  • 2008: The reclassification of cannabis is reversed in the UK with the government making it a Class B drug again. This re-criminalization of cannabis was effected against the recommendations of the ACMD
  • 2018: On November 1, 2018, medical cannabis became legal in England and the rest of the UK. This followed from a public outcry after two epileptic children (Billy Caldwell and Alfie Dingley) were denied continued medical marijuana therapy

Can I Use Cannabis in England?

The recreational use of cannabis is prohibited in England. The country allows medical marijuana but only for specific medical conditions, such as certain forms of epilepsy, and only when these conditions do not respond to standard courses of treatment. To use medical cannabis in England, it must be prescribed by a doctor listed on the Specialist Register, a list of select NHS doctors maintained by the General Medical Council. It is also illegal to consume smokable forms of cannabis even under this limited medical marijuana legalisation.

Penalties for Cannabis-Related Crimes in England

In England, the penalty for a first offence of possession of cannabis is a Community Resolution. This is given to the offender without bringing them to the police station. A Community Resolution starts with admission of guilt for the offence and may involve simply apologising or participation in a Diversion Scheme, usually taking classes about the dangers of drug use. An offender may be granted a Community Resolution only once every 12 months. A Community Resolution is not a criminal conviction and does not appear in the offender’s criminal record. However, its record may be found during an enhanced DBS (Disclosure and Barring Service) check.

If a cannabis possession offence involves disorder, the offender may get a penalty notice (PND). A PND is a fine which should be paid within 21 days or challenged in the Magistrates’ Court. A PND challenge would result in a criminal proceeding in the court while failure to pay a PND will result in a 50% increase in the fine amount and/or an arrest and a formal charge.

A person convicted of a second or subsequent offence of cannabis possession within a single year will be eligible for a Conditional Caution. A first offence may also be deemed suitable for Conditional Caution. A Conditional Caution is also an out-of-court settlement of a cannabis possession offence. Like Community Resolution, it requires an admission of guilt by the offender and involves making an apology and participating in a Diversion Scheme. However, it may also require other conditions such as a fine amount and mandatory unpaid work. While a second Conditional Caution for cannabis possession is unlikely, it is possible as long as the first Caution occurred more than 2 years ago. Unlike Community Resolution, a Conditional Caution will be found in the offender’s criminal record.

Following a Conditional Caution, a repeat offender will be charged for recent and subsequent marijuana possession offences. Similarly, a first offence of cannabis possession involving an aggravation can lead to an arrest and prosecution. Anyone convicted of marijuana possession in a Magistrates' Court in England may receive a maximum penalty of 3 months imprisonment with or without a maximum fine of £2,500. However, a cannabis possession conviction in the Crown Court carries a maximum sentence of 5 years imprisonment and/or a fine. Anyone convicted of producing or supplying a Class B drug, like cannabis, can get a maximum sentence of 14 years, an unlimited fine, or both.

Is Gifting Marijuana A Crime In England?

Yes. The English cannabis law prohibits the transfer of Class B drugs such as cannabis. Therefore, it is illegal to give anyone any amount of cannabis even without requiring compensation. The British law can punish both the gift giver and receiver for cannabis possession. The gifter may also be guilty of illegal distribution of a controlled substance and charged as a drug dealer.

Can I Cultivate Marijuana For Non-Medical Use In My Home?

No. England does not allow the home cultivation of cannabis, whether for sale to others or personal use. The recreational use of cannabis is currently prohibited in England. Therefore, no one can legally grow, possess, or consume cannabis for non-medical purposes. The nation’s restricted medical marijuana program does not make provisions of approved medical cannabis users to grow their own marijuana. Most of the medical cannabis consumed in England is not grown in the country.

Is Transportation Of Marijuana Legal In England?

No. Only licensed businesses approved to distribute cannabis in the UK can transport marijuana in England. It is unlawful for individuals to transport marijuana in the country. However, approved medical cannabis patients may possess their prescribed doses of cannabis products on their persons and transport their drugs home from clinic visits.

What Is The Legal Implication Of Driving Under The Influence Of Marijuana In England?

It is illegal to drive under the influence of cannabis in England. The law empowers the police to stop motorists and conduct field impairment assessments including with roadside drug kits capable of detecting cannabis metabolites. An individual driving with a measurable level of cannabis in their blood may be arrested for drugged driving even if the cannabis use did not impair their driving.

In addition to a criminal record, the penalties for driving under the influence of cannabis in England include an imprisonment term up to 6 months, an unlimited fine, and/or a driving ban lasting at least 1 year. The offender’s driving licence will also bear a record of drugged driving for 11 years. If the DUI results in the death of another person, there is a maximum penalty of life imprisonment.

Possible Remedies For The Defendant Violating England Marijuana Laws

The only defence for anyone charged with cannabis possession in England is proving to the court that they intended to destroy the drug as soon as practicable when they discovered it in their possession. They may also choose a defence that tries to convince the court that they intended to hand over the cannabis to someone who had the legal authority to possess it.

What Is England’s Cannabis History?

The first reported use of cannabis in Britain was in 1842 when William Brooke O’Shaughnessy, an Irish physician, brought some home from Bengal. Just as the use of cannabis was more widespread in British colonies, its prohibition was first established in these colonies. Cannabis was officially prohibited in Britain in 1928 when it was added to the Dangerous Drugs Act 1920. Even then, cannabis use was relatively overlooked until the 1950s and 1960s when arrests and convictions related to cannabis use began to rise sharply. By 1971 when the Misuse of Drugs Act was passed, there were over 10,000 cannabis convictions in Britain annually.

The Misuse of Drugs Act 1971 categorised cannabis as a Class B drug. This strict policy towards marijuana criminalised recreational cannabis use in England and ensured that physicians cannot recommend cannabis products even for deserving patients. In 2004, the UK government passed a law that made cannabis a Class C drug. This downgrade decriminalised marijuana and led to a sharp decline in cannabis-related arrests and convictions. However, this reprieve was short-lived as the government returned cannabis to the Class B category in 2008. Despite growing calls to legalise cannabis, recreational marijuana remains prohibited in England.

Medical cannabis became legal in the UK in 2018. However, the legalisation was driven by a public outcry following the worsening conditions of two children who were deprived of continued medical marijuana treatments. Even then, the English medical cannabis program is very limited. With no local capacity to grow and process cannabis in the UK, most of the medical cannabis used in the country is imported. The UK medical cannabis law also only allows select doctors to recommend and prescribe medical cannabis and only for:

  • severe forms of epilepsy
  • patients receiving chemotherapy and experiencing vomiting or nausea
  • multiple sclerosis patients who experience chronic pain, muscle stiffness and spasms

Access to medical cannabis in England is further hampered because the National Institute for Health and Care Excellence (NICE) and the National Health Service (NHS) provide limited guidance for physicians and qualified patients.