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United Kingdom Marijuana Laws
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Northern Ireland Marijuana Laws

Key Points

  • UK cannabis laws apply to Northern Ireland
  • Recreational cannabis is illegal in Northern Ireland, but medical cannabis was legalised in 2018
  • Patients are more likely to get medical cannabis prescriptions from legal private centres than the NHS in Northern Ireland

Is Cannabis Legal in Northern Ireland?

In North Ireland, recreational cannabis is illegal. However, medical cannabis has been legal in the country since 2018. The UK sets North Ireland’s cannabis laws. Therefore, when the UK legalised medical cannabis on November 1, 2018, the drug became legal for eligible patients in North Ireland.

Northern Ireland Marijuana Laws 2024

Cannabis remains prohibited in Northern Ireland, as with the rest of the UK. Marijuana officially became illegal in the country when it was added to the Dangerous Drugs Act 1920 in 1928. Since then, a growing number of people have been arrested for cannabis-related offences. Although there is clinical evidence suggesting that cannabis has certain health benefits, the UK government has steadfastly refused to consider making marijuana legal or decriminalising its possession. The only break in this official stance was a brief period when cannabis was demoted to a Class C drug.

The legalisation of medical cannabis in North Ireland, and the UK, was only prompted after public outcry following two cases in which young patients, living with debilitating medical conditions, benefiting from cannabis therapy were denied their medications. This incident led to the legalisation of medical cannabis in the country. However, the UK’s medical cannabis law, which applies in North Ireland, only allows medical cannabis recommendation for people diagnosed with a few specific debilitating conditions such as rare forms of epilepsy and spasticity from multiple sclerosis. The law also requires that these conditions be unresponsive to conventional therapy before cannabis intervention could be considered.

With more countries in Europe, and US states, legalising cannabis without any deleterious results to their health services, there is increasing pressure to make cannabis legal everywhere in the UK, including North Ireland. However, the current government remains resolute in keeping cannabis prohibited.

Timeline of Cannabis Laws in Northern Ireland

  • 1928: Cannabis was first prohibited in Northern Ireland, and the rest of the UK, when it was included in the list of banned substances in an addendum to the Dangerous Drugs Act 1920. This law also placed the question of cannabis legality in the country under the purview of the Office of the Home Secretary. Anyone intended to cultivate, import, distribute, or manufacture cannabis and cannabis products in Northern Ireland must be licensed by the Home Office
  • 1971: The United Kingdom passed the Misuse of Drugs Act to harmonise its agreements to different international treaties on illicit drugs and psychotropic substances. This Act established the current four categories of controlled substances in the UK and named cannabis in Class B
  • 2004: Cannabis became a Class C drug in the UK following the recommendation of the Advisory Council on the Misuse of Drugs (ACMD). This act decriminalised cannabis possession in Northern Ireland and prescribed less severe penalties for cannabis-related crimes
  • 2008: Cannabis was reclassified as a Class B drug following a change in UK government. With more severe penalties recommended for Class B drugs, the number of cannabis-related arrests went up in the UK
  • 2018: The UK government legalised medical cannabis. This made it legal to prescribe and use cannabis in Northern Ireland. However, only a narrow category of patients and a few specific medical conditions qualify for medical cannabis use

Can I Use Cannabis in Northern Ireland?

While current laws make recreational cannabis illegal in Northern Ireland, medical cannabis is fully legal in the country. However, the UK medical cannabis law only permits cannabis use for patients living with certain debilitating conditions, such as severe forms of epilepsy, and only when other forms of treatments have proven ineffective. In addition, only physicians listed on the Specialist Register of the NHS can recommend medical cannabis use in Northern Ireland.

Penalties for Cannabis-Related Crimes in Northern Ireland

First offenders caught with cannabis in their possession may be able to avoid criminal prosecution and having the offence on their records if they agree to a community resolution. As long as there are no aggravating factors, the arresting police officer may issue a community resolution that only punishes the offender with a diversion scheme such as attending a drug education class. The officer may, however, issue a PND (penalty notice of disorder) which results in a small fine. The offender may choose to contest the PND in court. Failure to pay the fine within 21 days will result in higher fines.

A repeat offender may also be able to avoid the court if they agree to a conditional caution. While this also results in fine and mandatory participation in a diversion scheme, a conditional caution will show up on the offender’s criminal record. The arresting officer may also choose to arrest and book a first or repeat offender if the offence involved violent behaviour. Anyone convicted of marijuana possession in a Magistrates’ Court in Northern Ireland may be fined up to £2,500 and/or get a prison sentence lasting up to 3 months. Conviction in a Crown Court may result in a prison term up to 5 years.

In Northern Ireland, the penalties for cannabis manufacturing and trafficking are more severe. Offenders may get prison sentences up to 14 years.

Is Gifting Marijuana A Crime In Northern Ireland?

Yes. Transferring cannabis between parties even if there is no compensation is illegal in Northern Ireland. Such transfers may be deemed trafficking and the giver may be prosecuted as a drug dealer.

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

No. Home cultivation of cannabis is prohibited in Northern Ireland regardless of its intent. This means that no one is allowed to cultivate marijuana for personal use whether they intend to consume it for medical or recreational purposes.

Is Transportation Of Marijuana Legal In Northern Ireland?

No. Only entities licensed by the Home Office can legally transport cannabis in Northern Ireland. Individuals caught transporting marijuana may be charged with possession or trafficking depending on the amount of marijuana in their possession. However, medical cannabis patients may legally carry around their cannabis prescription.

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

Driving under the influence of cannabis is an offence in Northern Ireland. Police officers are legally allowed to conduct impairment assessments and carry field drug test kits. The penalties for drugged driving in Northern Ireland include a maximum prison term of 6 months, a driving ban lasting a minimum of 1 year, and/or fines. Prosecutors may seek a life sentence if the drugged driving resulted in the death of a third party.

Possible Remedies For The Defendant Violating Northern Ireland Marijuana Laws

Cannabis laws in the UK are unambiguous. The most common cannabis offence in Northern Ireland is possession. Anyone caught with marijuana may be able to avoid severe penalties if they can prove to the court that they took steps to destroy, or return to someone legally allowed to possess marijuana, the cannabis as soon as they discover it on their person.

What is Northern Ireland’s Cannabis History?

The first recorded medical use of cannabis in the United Kingdom was by an Irish doctor, William Brooke O’Shaughnessy, who served in Bengal. However, by 1928, the country would follow most of the colonies in banning the use of marijuana. The Dangerous Drugs Act and the Misuse of Drugs Act codified the UK’s cannabis laws, which applies to Northern Ireland. These Acts established the prohibition of cannabis and classified it relative to other banned drugs.

The UK has continued to strictly prohibit cannabis use and possession except for a few years between 2004 and 2008 when Prime Minister Tony Blair reclassified the drug as a Class C drug. However, the immediate reversal under Prime Minister Gordon Brown signalled the end of cannabis decriminalisation in the UK. It took another decade and a national controversy before the government agreed to legalise medical cannabis. Even then, the UK’s medical cannabis program provided sparse guidelines and help to eligible patients seeking cannabis therapy. In Northern Ireland, fewer than 5 patients were prescribed medical cannabis in NHS hospitals between 2018 and 2022. In comparison, private prescribing centres have served a lot more patients in Northern Ireland, and the rest of the UK.

While Northern Ireland attempts to expand patient access to medical cannabis, recreational marijuana remains prohibited there. However, with more countries in Europe legalising cannabis for personal use, there are increasingly calls for the government to reconsider their decision to keep marijuana banned in the UK.