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

Key Points

  • Recreational cannabis is illegal in Scotland, but medical cannabis became legal in the country in 2018
  • The UK determines Scotland’s cannabis laws
  • In 2023, the Scottish government proposed decriminalising cannabis possession but the UK refused to debate the issue

Is Marijuana Legal in Scotland?

While medical cannabis is legal in Scotland, recreational cannabis remains illegal in accordance with the laws of the UK. Although some health matters in Scotland are devolved from the UK’s health policy, the issue of marijuana legality remains under the Misuse of Drugs Act 1971 enacted prior to the devolvement. Therefore, like the rest of the UK, cannabis is a Class B drug and a Schedule 2 controlled substance in Scotland.

Scotland Marijuana Laws 2024

As part of the UK, the same cannabis laws apply to Scotland and the rest of the kingdom. The current laws make adult-use marijuana illegal in Scotland while medical cannabis is legal. Medical cannabis became legal in the country in 2018. However, only patients living with specific debilitating conditions, such as severe epilepsy unresponsive to traditional treatments, are eligible for marijuana prescriptions in Scotland. Compared to the rest of the UK, Scotland has a more progressive outlook towards cannabis legalisation. In July 2023, the Scottish government proposed decriminalising the possession of cannabis for personal use. This proposal would effectively legalise recreational cannabis and it was submitted as a response to Scotland’s high (the highest in Europe) drug-related death rate. However, the UK Prime Minister, Rishi Sunak, was quick to reiterate the UK’s decision to keep recreational cannabis illegal.

Timeline of Cannabis Laws in Scotland

  • 1928: The United Kingdom officially bans cannabis use by adding the controlled substance to its Dangerous Drugs Act 1920. This prohibition extends to Scotland
  • 1971: The Misuse of Drugs Act was passed to harmonise the UK’s agreements to the following international treaties: Single Convention on Narcotic Drugs of 1961, the United Nations’ Convention on Psychotropic Substances of 1971, and the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Misuse of Drugs Act established these four classes of controlled substances: A, B, C, and Temporary. It also made cannabis a Class B controlled substance in Scotland and the rest of the UK
  • 2004: UK Prime Minister Tony Blair approved the downgrade of cannabis to Class C following the recommendation of the Advisory Council on the Misuse of Drugs (ACMD). This change decriminalised cannabis use in the UK and punished cannabis-related offences with less severe penalties
  • 2008: Cannabis was moved back to Class B by the government of Gordon Brown. The Prime Minister approved this reversal against the recommendations of the ACMD. Therefore, law enforcement in Scotland can punish cannabis offences with heavier penalties again
  • 2018: Medical cannabis became legal in Scotland, and the rest of the UK. However, it can only be recommended by certain doctors and only for a short list of medical conditions

Can I Use Cannabis in Scotland?

Recreational use of cannabis is illegal in Scotland. However, medical cannabis is legal in the country. To use medical marijuana legally in Scotland, it must be prescribed by a physician on the Specialist Register of the National Health Service (NHS)

Penalties for Cannabis-Related Crimes in Scotland

The most common cannabis offence in Scotland, and the rest of the UK, is possession. A first-time offender caught with cannabis may be able to avoid having the crime in their criminal record as long as there are no aggravating factors during their arrest. In such a case, a first offender will get a community resolution after admitting guilt. A community resolution can be completed outside of a Scottish police station and court. The offender may simply be asked to apologise and/or asked to participate in a diversion scheme, most often a drug education class.

The Scottish police officer arresting the offender may also recommend a PND or penalty disorder. This penalty is usually recommended if the arrest or offence causes public disorder. A PND is also an out-of-court resolution and results in a small fine. The offender may contest a PND in a Scottish court, but they risk criminal prosecution and higher fines.

A conditional caution is another out-of-court resolution for cannabis possession. This is a more severe penalty than PND and community resolution and may appear on the offender’s criminal record. A conditional caution can result in a fine and/or participation in community service.

For repeat offenders or arrests involving violent behaviour, a criminal proceeding in court is the most likely result. Anyone convicted of cannabis possession in Magistrates’ court in Scotland may expect maximum penalties of 3 months imprisonment and/or a £2,500 fine. Convictions in a Crown Court may result in a prison sentence of up to 5 years.

Is Gifting Marijuana A Crime In Scotland?

Yes. The laws of Scotland and the UK do not allow the transfer of cannabis between individuals even if such transfers are not compensated. Anyone gifting cannabis may be charged for marijuana possession and trafficking. Medical cannabis patients are also not allowed to share their cannabis doses with other people.

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

No. The home cultivation of cannabis is prohibited in Scotland. According to UK law, only businesses licensed by the Home Secretary can grow cannabis. Individuals cannot grow cannabis at home, even for personal and/or medical use.

Is Transportation Of Marijuana Legal In Scotland?

No. Cannabis can only be transported in Scotland by businesses authorised to distribute medical cannabis by the UK Home Secretary. Individuals cannot legally transport cannabis in the country. Only authorised medical cannabis patients are allowed to move around with any form of marijuana. These individuals can only carry their prescribed medical cannabis and must have proper documentation proving they are approved medical cannabis patients.

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

Driving under the influence of cannabis is a crime in Scotland. Scottish police officers can conduct roadside drug tests to confirm their suspicions of drugged driving. Any convicted of driving under the influence of cannabis in Scotland may receive a 12-month driving ban and 3 - 11 points on their driving licence. They may also be fined up to £5,000 and be sentenced to up to 6 months in prison. If the drugged driving results in the death of a third party, the offender may be sentenced to up to 14 years in prison.

Possible Remedies For The Defendant Violating Scotland Marijuana Laws

A defendant in a Scottish court may be able to avoid penalties for cannabis possession if they can prove that they were in the process of transferring, or destroying, the marijuana found in their possession to someone legally authorised to possess it at the moment of their arrest.

What is Scotland’s Cannabis History?

Before 1928, cannabis use was mostly overlooked and unregulated in the UK. However, marijuana was added to the Dangerous Drugs Act 1920 in 1928, making it illegal in Scotland and the rest of the UK. Subsequent drug laws put cannabis in a specific class and determined the severity of penalties for those caught cultivating, possessing, manufacturing, transporting, or using the drug. The Misuse of Drugs Act 1971 placed cannabis in Class B, the second highest category of banned drug under the law. Subsequent amendments of the Act also established five schedules of controlled drugs in the UK. Initially, cannabis was a Schedule 1 drug, but the legalisation of medical cannabis made it a Schedule 2 drug.

Medical cannabis became legal in Scotland, as with the rest of the UK, on 1 November 2018. However, the first legal prescription of medical cannabis was written in June 2021 for severe childhood epilepsy.

While the UK government insists on keeping the recreational use of cannabis prohibited, the Scottish government has shown a readiness to make it legal. It proposed decriminalising cannabis possession and allowing marijuana for personal use in 2023. This is a response to the high drug death rate (the highest in Europe) in Scotland. However, recreational cannabis cannot be legalised in Scotland unless the British government makes it legal in the UK.