POSSESSION
Cannabis, in all forms, which includes resin, herbal and oil was reclassified in February ‘04 to be a Class C drug of Schedule 2 of the Misuse of Drugs Act 1971. As a Class C Drug the maximum penalty for possession has decreased from 5 to 2 years imprisonment although it would not ordinarily be an arrestable offence under section 24 of PACE 1984.
The Association of Chief Police Officers of England, Wales and Northern Ireland (ACPO) has issued their own guidelines in accordance with the changes to the laws (these guidelines are NOT applicable in Scotland). It allows different approaches to be used at officers discretion in different areas.
The ACPO recommends that the majority of adult cannabis possession offences should result in confiscation of the drug and an informal warning. ACPOS, the equivalent body in Scotland has recommended that people caught in possession of cannabis in Scotland continue to be arrested but they claim to be showing great interest in developments over the border.
The ACPO recommends people are arrested and charged for possession under the following circumstances:
- where people openly use cannabis in public places.
- where use of cannabis is causing or involved in public disorder.
- where adults are in possession of cannabis in or around areas frequented by children e.g. schools, youth centres etc.
- for known repeat offenders.
Under 18s / Vulnerable Persons
Although it is recommended adults over 18 are cautioned for possession it is recommended that under 18s and vulnerable persons (mentally handicapped or those incapable of understanding the significance of questions or replies) are arrested and then issued with a reprimand or warning with out going to court.
Offenders Under 10 Years
When children under the age of 10 years are found in possession of cannabis, it is considered an "at risk" incident and prompts referrals to other agencies through the child protection team.
TRAFFICKING
In regards to trafficking offences (which include possession with intent to supply) adults and under 18s are both likely to be arrested and prosecuted.
The maximum penalty for trafficking in Class C drugs has been increased from 5 to 14 years imprisonment. However the ACPO have felt unable to issue guidance as to what quantity constitutes possession as opposed to possession with intent to supply. The decision is left, therefore, at the discretion of individual officers who take into account many factors such as if the cannabis is divided into small bags or wraps, whether the offender has scales etc.
