UK Police say the smell of cannabis no longer constitutes grounds for stop and search

For decades now, the smell of cannabis alone has been used as a justifiable reason for the police to stop and search a member of the public to ensure they’re acting in accordance with the law. However, medical cannabis has been a legally available treatment option in the UK for a wide range of health conditions since 2018, and there have been a number of reports of patients having distressing police encounters for simply possessing their prescribed medication.

But, six and a half years post legalisation, Bristol residents saw a flash of hope when their local police force (Avon and Somerset) announced they have now trained their frontline officers to no longer use the smell of cannabis as grounds for stop and searches. 

These changes in policy were advised back in 2022 in IOPC guidance, and then again in 2024 through ISoPP recommendations, and so, it’s been a long time coming. 

But, is it all as good as it seems? 

2022: Independent Office for Police Conduct guidance

The Independent Office for Police Conduct (IOPC) called for changes to the standard practices police use in stop and search back in 2022. 

Of the 18 recommendations they made, one was that the smell of cannabis alone does not constitute grounds for a stop and search. 

When this news was announced, many medical cannabis patients let out a sigh of relief, and felt comforted that they’d be able to avoid any unnecessary interactions with the police. 

But, this was simply a recommendation, and sadly, it didn’t translate into immediate action. 

2024: Independent Scrutiny of Police Powers Panel review

Implementation of the 2022 IOPC guidance was scarce across the 43 police forces in the UK, and since then, there have still been a number of reports of patients suspected of acting illegally for simply having their prescribed cannabis-based medicines on their person.

In fact, in 2023, the Guardian launched an open appeal to medical cannabis patients who had encountered negative interactions with the police relating to their prescribed cannabis. They received reports from 24 individual medical cannabis patients who explained their experiences had caused undue stress and alarm, and ultimately, fostered a feeling of distrust with the police.

So, in 2024, the Independent Scrutiny of Police Powers Panel (ISoPP) conducted their own review. 

Here it was confirmed after analysing bodycam footage and officer reports that this guidance was not being enforced, and officers were still using the smell of cannabis as motivation for stop and searches.

In this review, they reiterated IOPC guidance: simply the smell of cannabis is not a sufficient reason to stop and search members of the public. 

2025: Avon and Somerset Police provide new officer training for stop and search

Just last month, Avon and Somerset Police force announced they are now implementing this policy, and have trained their officers in what constitutes a justifiable reason to stop and search a member of the public - the smell of cannabis not being one.  

Last week, a spokesperson from Avon and Somerset Police told the Bristol Post:

“Stop and search is an important tool available to officers to help prevent crime and identify offenders. We police by consent, and know that stop and search powers must be used legitimately to maintain the public’s trust and confidence. We strongly believe the new policy will enable us to deliver that, as well as tackle the unacceptable issues around disproportionality that have been clear over many years.

Frontline officers have [now] received training around the new policy to make sure these improvements are felt by all our communities….National guidance has previously stated it is not good practice to conduct a search purely based on the potential smell of cannabis, and we believe that making it clearer to officers what is considered reasonable grounds for a search within our force policy is in the best interests of everyone.”

However, this was then undermined by a contradictory follow up:

“Anyone seen to be in possession of cannabis - or indeed any illegal substance - is breaking the law and will continue as before to be dealt with in the most appropriate manner. This includes criminal prosecution, police caution, or being offered other intervention, such as educational programmes”. 

And here in lies the issue - medical cannabis patients are not breaking the law by simply being in possession of cannabis, as long as it’s the cannabis that has been prescribed to them, and in the original container with the prescription label clearly displayed. 

Medical cannabis patients are also not breaking the law by taking their prescribed

cannabis - so long as they are administering it in accordance with their prescription guidelines (i.e. vaping medical cannabis flower as opposed to smoking it), and unfortunately, this was not clarified by Avon and Somerset police. 

A systemic oversight: lack of recognition for medical cannabis patients

The lack of recognition for the tens of thousands of medical cannabis patients here in the UK who are legally allowed to access, possess, and administer prescribed cannabis reflects a broader systemic failure to acknowledge the legality, and legitimacy, of medical cannabis. 

Without a specific mention of medical cannabis exemptions, the latest policy, and implementation by Avon and Somerset police is certainly a step forward, but still far from a true solution.

Ultimately, clearer guidance, consistent enforcement across all 43 police forces, and improved education are required to ensure medical cannabis patients are not penalised by the police for their choice of medication. 

Practical patient advice: What to do if you’re stopped by the police for having, or smelling of, cannabis

While this update is welcome, due to the lack of widespread implementation and acknowledgement for medical cannabis patients, it's crucial to remain prepared in case you are stopped and questioned by law enforcement.

At Releaf, all patients are issued with a medical cannabis card free of charge that features their name and photo, a QR code linking to a secure digital record of their prescription, and references to the relevant legal clauses in the Misuse of Drugs Regulations, and the 2018 rescheduling of cannabis for medicinal use. 

If you are approached by the police: 

1. Remain calm and polite. 
2. Explain that you are a medical cannabis patient, and you are legally allowed to possess your prescribed medication.
3. Show your medical cannabis card and offer police the option of scanning the QR code to confirm your prescription status, and access digital documents to prove this. 
4. If the police do want to search you, ask why the search is being conducted, as you’ve provided proof you are legally entitled to have prescribed cannabis on your person. Do not consent to a search unless legally required. 
5. If you feel the encounter was inappropriate, request the officer’s badge number and details so you can report this to your clinic for further support, or to an advocacy group like Release. 

If you are acting in accordance with the law, recording any interactions with the police provides evidence that can help push for better protections, improved training for police officers, and proper recognition of prescribed cannabis as a legal medicine. 

If you are currently self-medicating with cannabis to treat a diagnosed health condition, you can self-certify to Releaf, and assess your eligibility for prescribed medical cannabis in under a minute. 

Our world-class clinical team will work with you closely to design a treatment plan that is best suited to your unique needs, lifestyle, and budget - our money-back guarantee on initial consultations ensures you won’t be left out of pocket if CBPMs aren’t recommended for you by our doctors. 

With medical cannabis cultivars grown in GMP-compliant facilities that uphold stringent quality and safety control measures starting from just £7.99 per gram, what is there to lose?

Sign up with Releaf today.