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Wales Marijuana Laws
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Wales Marijuana Laws

Key Point

  • Medical cannabis is legal in Wales, but recreational cannabis is prohibited there
  • Wales follows the UK’s position and laws on cannabis legality
  • Wales approved a cannabis-based drug, Sativex, earlier than other countries in the UK

Is Marijuana Legal in Wales?

Recreational cannabis is illegal in Wales. However, as with the rest of the UK, medical cannabis was legalised in 2018. Wales follows the UK classification of cannabis as a Class B drug in accordance with the Misuse of Drugs Act 1971. This is the second highest class of controlled drugs in the UK. In Wales, it is illegal to grow, manufacture, sell, or possess cannabis. However, the medical use of cannabis is approved for certain patients qualified under the UK’s limited medical cannabis programme.

Wales Marijuana Laws 2024

While Wales maintains its own regulations regarding most areas of health services, the UK Government sets laws regarding the use of controlled drugs and psychoactive substances. This is confirmed in Schedule 7A of the Government of Wales Act 2006 (GOWA 2026). Therefore, the UK’s stance on cannabis legality applies to Wales. Therefore, medical cannabis is legal in Wales for select patients while recreational marijuana is prohibited in the country.

The Welsh Assembly debated legalising medicinal marijuana on 17th January 2018. When the UK legalised medical cannabis in November of the same year, the Welsh Government adopted the recommendations and guidelines set by the UK. However, while Wales follows the UK on cannabis law, it can set a different regulation regarding the use of specific cannabis-derived medications. It exercised this right in July 2014 when it made Sativex available to patients in the NHS (National Health Service). The All Wales Medicines Strategy Group recommended Sativex for patients with moderate to severe spasticity caused by multiple sclerosis. Wales did this at a time when England and Scotland refused to allow Sativex for this condition because they concluded the drug was not cost-effective.

Timeline of Cannabis Laws in Wales

  • 1928: Cannabis was banned in the United Kingdom, including in Wales, when it was added as an addendum to the Dangerous Drugs Act 1920. This amendment added cannabis to a list of controlled substances including heroin, cocaine, and opium
  • 1971: The UK Parliament passed the Misuse of Drugs Act. This Act represents the culmination of the UK’s agreements to the 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 Act also named the four categories of controlled substances in the UK (Classes A, B, and C and Temporary Class) and put cannabis in the second class
  • 2004: With the Labour Party in power, the UK moved cannabis to Class C. This downgrade was recommended by the Advisory Council on the Misuse of Drugs (ACMD) and prescribed less severe penalties for cannabis offences
  • 2008: The UK government reversed the reclassification of cannabis against the recommendations of the ACMD. By making cannabis a Class B drug again, cannabis-related offences carried heavier penalties in Wales
  • 2018: Following a strong public response to two cases of young children denied cannabis use for epilepsy treatment, the UK moved to legalise medical marijuana on November 1, 2018. This decision made it legal to use cannabis products for medicinal purposes in Wales, but only for certain medical conditions

Can I Use Cannabis in Wales?

Yes, but only for certain medical conditions. While medical cannabis is allowed in Wales, recreational marijuana is illegal in the country. Wales follows the UK’s regulations about medical cannabis use. This means that it is only allowed for conditions such as severe epilepsy and multiple sclerosis. In addition, medical cannabis can only be recommended by NHS doctors on the Specialist Register.

Penalties for Cannabis-Related Crimes in Wales

The most common cannabis-related crime in Wales, and the rest of the UK, is cannabis possession. The penalties for this offence depends on whether it is a first offence or not, the amount of cannabis found, and whether there is an aggravation factor, such as violent behaviour, reported during the arrest. Therefore, a cannabis possession offence could result in any of these:

  • Community Resolution
  • Penalty Notice for Disorder
  • Conditional Caution
  • Prosecution

Community resolution, penalty notice for disorder (PND), and conditional caution are all out-of-court resolutions. In this case of community resolution, the offender does not even have to reach a Welsh police station as long as they admit guilt and agree to a Diversion Scheme. This can be as simply as apologising for the offence or participating in a drug education class. Community resolution is usually the option given to first offenders. It does not appear on their criminal record because it is not a criminal conviction.

If the arresting police officer judges that a disorder occurred alongside cannabis possession, they may issue a PND. This penalty is usually a small fine. Failure to pay this fine within 21 days could result in arrest, higher fines, and/or criminal prosecution. An offender may contest a PND at a Magistrates’ Court. Contesting a PND in this way leads to a criminal proceeding.

A repeat offender caught with cannabis may get a conditional caution. Like community resolution, the offender must admit guilt and submit to a Diversion Scheme. They may also be fined and asked to participate in community service. Unlike community resolution, a conditional caution is part of the offender’s criminal record.

Repeat offenders may also be arrested and charged to court. A first offender is only prosecuted in this way if their offence or arrest involves aggravation. If convicted in a Magistrates’ Court, the maximum penalties for cannabis possession are 3 months imprisonment and/or a £2,500 fine. Those convicted of cannabis possession in Crown Court can receive prison sentences of up to 5 years.

In Wales, anyone found guilty of manufacturing or trafficking cannabis can be punished with up to 14 years in prison and/or a heavy fine.

Is Gifting Marijuana A Crime In Wales?

Yes. Giving cannabis as a gift in Wales is regarded as drug trafficking. The offender will be charged as a drug dealer.

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

No. Wales does not allow anyone to cultivate cannabis at home whether for personal use or not.

Is Transportation Of Marijuana Legal In Wales?

No. Individuals cannot transport cannabis in Wales. Only organisations licensed by the UK Home Secretary can transport or distribute cannabis.

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

Driving under the influence of cannabis is a crime in Wales. The penalties for drugged driving are an unlimited fine, up to 6 months imprisonment, and/or suspension of driver’s licence for up to a year. If a drugged driving incident results in the death of a third party, the offender may receive a life imprisonment sentence.

Possible Remedies For The Defendant Violating Wales Marijuana Laws

The only defence for getting out of a cannabis possession charge in a Welsh court is proving an intention to destroy the Class B drug as soon as you discover it on your person or transferring it to a person legally authorised to possess it.

What is Wales’ Cannabis History?

Cannabis use was unregulated in Wales, and the rest of the UK, prior to 1928. That was the year cannabis was added to the Dangerous Drugs Act 1920. However, it was the Misuse of Drugs Act 1971 that established the four classes of controlled drugs in the UK and placed cannabis in Class B. That Act was amended in 2001 and 2018. The 2001 amendment also introduced five schedules of controlled drugs. While cannabis was first placed in the highest category, Schedule 1, the 2018 amendment moved it to Schedule 2 to indicate that it has medicinal benefits. The 2018 amendment also legalised cannabis for medical use in Wales, and the rest of the UK.

Before the legalisation of medical cannabis made marijuana a Schedule 2 substance in the UK, cannabis was briefly downgraded to a Class C drug between 2004 and 2008. The change occurred during the administration of Prime Minister Tony Blair. However, the next government of Gordon Brown reclassified cannabis as a Class B drug and made penalties for cannabis-related offences more severe once more.

While medical cannabis is legal in Wales, it is only available to certain patients and can only be recommended by specific doctors. Recreational cannabis, however, remains prohibited in the UK despite calls to change the law.