Legal advice: Cannabis confusion

Despite the fact that cannabis has now been reclassified as a Class C drug the message is clear - it is still illegal.

By Deborah McCallum of thePublican.com's team of legal experts from London solicitors Joelson Wilson.​

The recent reclassification of cannabis from a Class B to a Class C drug has been subject to widespread media coverage.

However, there is a great deal of confusion as to what the reclassification actually means as many people are under the mistaken impression that cannabis has now been legalised.

Do not be misled. Cannabis is still a controlled drug under the Misuse of Drugs Act 1971 and it remains a criminal offence to either produce, possess or supply it. The effect of the reclassification of the drug has been to change the level of penalties available on conviction of an offence under the act. The maximum penalty for possession of cannabis has been reduced from five years down to two years' imprisonment. Maximum penalties for supplying or dealing in cannabis remain at 14 years' imprisonment.

The government has been keen to reduce the amount of police time that is spent on cannabis-related offences, which it is hoped will allow the police to focus on Class A drugs such as heroin. As part of the reclassification process, the Association of Chief Police Officers issued guidance to all police forces which recommends that most offences for cannabis possession should not lead to arrest but should result in the individual being issued with a warning and confiscation of the drug.

However, the guidance does specify a number of circumstances in which it recommends arrest for persons found in possession of the drug. These include smoking it in a public place, or being found in possession in the vicinity of premises used by children.

Licensees would be advised not to allow customers to smoke cannabis in their premises. A licensee commits an offence under the act if he permits cannabis to be smoked or supplied at his premises. If convicted in the magistrates' court for this offence, a licensee can be punished by up to three months' imprisonment, a fine of up to £2,500 or both. If the matter was dealt with in the crown court, the maximum sentence would be up to five years' imprisonment and/or a fine. A conviction could also lead to proceedings by the police to revoke the liquor licence of an individual whose premises were being used for drug taking.

Be warned that it is not just the liquor licence that is at risk where licensed premises are used for drug taking. The Public Entertainment (Drug Misuse) Act 1997 gives local authorities powers to revoke, or refuse to renew, a PEL for premises which are considered to have a serious drug problem.

The Home Office has produced "Cannabis is Still Illegal" posters which will appear in pubs and clubs throughout February. The posters explain how the police will enforce the power of arrest for possession of cannabis. So if someone lights up a joint in your pub you could show them the poster before showing them the door.