9 min read
Hannah Clark
The laws regarding cannabis have been in place for over 80 years, and it has been categorised as a Class B drug since 2009 under the Misuse of Drugs Act legislation in 1971.
Despite this, progress has been made since its prohibition in 1928, with public opinion, research into the benefits of medical cannabis, and high-profile cases have led to advocacy for legal reform.
In this article, we take a deep dive into the current laws and regulations concerning cannabis in the UK, from the classification of cannabis to the legalities of cultivation, and the groundbreaking change that allowed specialist doctors to prescribe medical cannabis in November 2018.
Contents
Cannabis is classified as a Class B drug in the UK, making it a controlled substance that is illegal to take, possess, and sell for recreational use under the Misuse of Drugs Act 1971. This act uses a three-tier classification system (Class A, B, and C) for drugs in the UK in descending order of severity.
Cannabis was first illegalised in 1928, and despite being moved to a Class C drug (considered less harmful than Class A or B) in 2004, it was reclassified again to Class B in 2009.
As well as its three-tier system, drugs are also categorised in 5 schedules depending on the potential for misuse according to the Misuse of Drugs Regulations 2001. This is advised by the Advisory Council on the Misuse of Drugs (ACMD), but the government does not need to follow this advice to the letter. Cannabis is currently classed as a Schedule 1 drug, meaning it is thought to have ‘no therapeutic value’ and therefore cannot be prescribed or lawfully possessed.
Of course, we know research suggests potential benefits for some conditions with cannabis-based medicines, and in November 2018, the law was changed to class cannabis-based products for medicinal use (CBPMs) as schedule 2. As a schedule 2 controlled drug, CBPMs may be prescribed legally by a specialist doctor making it legal to possess and take for those with a valid prescription.
As previously mentioned, cannabis is currently classified as a Class B drug in the UK. Under this classification, individuals may face a fine or even a prison sentence for taking, carrying, growing, selling or sharing cannabis.
The penalties for drug offences are determined by the drug’s class. As a Class B drug, the maximum penalties for the possession, supply, and production of cannabis include:
Up to five years in prison, an unlimited fine, or both for the possession of cannabis
Up to 14 years in prison, an unlimited fine, or both for the supply and production (cultivation) of cannabis
It is worth noting that the enforcement of these penalties is not always stringent. In cases where individuals are found in possession of a small amount of cannabis, law enforcement may opt to issue a warning or an on-the-spot fine of £90 if it is determined to be for personal use. There are also alternative measures in place for offenders who may be grappling with addiction or mental health challenges.
With that said, the published Crime Outcomes in England and Wales up to March 2026 saw a distinct difference in how the possession of cannabis and the possession of other drugs were resolved with only an 18.1% charge/summons rate compared to 33.2% for other drug possession, and over half (53.2%) of cannabis offences were resolved with Community Resolutions rather than in court.
These statistics show the shifting attitude towards cannabis possession prosecutions in the UK, but these figures shift drastically by region with higher reports of drug offences recorded in metropolitan areas like London (55,332 offences in 2020/21), and more rural areas like the North East of England (only 7,460 in 2020/21).
While recreational cannabis remains illegal in the UK, there have been significant changes in recent years regarding access to medical cannabis.
In November 2018, medical cannabis became legal to prescribe here in the UK after decades of lobbying from patients and advocacy groups. Following the widespread public sympathy for Alfie Dingley and Billy Caldwell, both of whom live with a rare form of drug-resistant epilepsy, laws regarding medical cannabis changed.
Now, medical cannabis can be prescribed by doctors who are on the General Medical Council Specialist Register here in the UK, but only under extremely strict conditions if accessed through the NHS. The three categories of patients who are likely to be prescribed medical cannabis through the NHS are:
Those living with rare, severe forms of epilepsy
Those with MS (multiple sclerosis)
Those experiencing nausea and vomiting caused by chemotherapy
Over recent years, private medical cannabis clinics have emerged, offering a more accessible route to medical cannabis treatment for a much wider spectrum of qualifying conditions. The prescription of medical cannabis remains at the discretion of the prescribing doctor and decided on a case-by-case basis of what is in the best interest of the patient.
It starts with a quick, free eligibility check to determine if medical cannabis may be a suitable option, followed by an initial consultation with a specialist doctor. If your specialist deems you eligible, they will devise a treatment plan which is explained in detail to the patient. The success of a medical cannabis prescription is subject to a review of a patient’s medical records, and a multidisciplinary team review to ensure suitable treatment for the patient.
If you have been prescribed medical cannabis, you are legally entitled to possess and take it, but it is still illegal to smoke it.
When you carry your medical cannabis out of the house, the NHS recommends you keep all medicine in its original packaging with the dispensary label and a copy of your prescription. The Releaf medical cannabis card can also help show you have a valid prescription.
The UK laws on CBD vary to those for THC and other controlled cannabinoids.
Pure CBD is not a controlled substance in the UK and is legal to buy over the counter across the UK. The core rule for CBD legality is that it contains no more than 1 mg of each controlled cannabinoid (such as THC) per container.
Cannabis cultivation is a highly regulated process and is incredibly limited in the UK.
Growing cannabis at home is illegal under the Misuse of Drugs Act 1971, and having a prescription or medical condition is not a legal defence for doing so.
Growing cannabis for medicinal use or cultivating hemp both require a special Home Office Licence which requires paying application fees, providing a full security and operations plan, and passing inspections and background checks.
The legality of driving and travelling while taking or carrying medical cannabis can get a bit finicky.
You can still legally drive while taking prescribed medical cannabis so long as you are not impaired, as with any prescription medication. Driving while impaired by medical cannabis is still an offence, even when the medicine is prescribed.
Travelling with your medical cannabis depends on where it is you’re planning to travel and their laws. When travelling abroad it is essential you research and respect the laws regarding cannabis in your destination country. You can request a travel letter to prove you are legally entitled to carry and take medical cannabis, but this does not override national laws.
Before the 20th century, the Cannabis sativa L. plant was crucial to the UK’s history in terms of its medicinal application and use in the industrial sector. Hemp, in particular, was grown as an agricultural crop, playing an essential role in Britain's naval history for its lasting durability, rapid growth, and resistance to rot.
UK control came in 1928 through the Dangerous Drugs Act 1925, after the 1925 Geneva convention, and the law hasn’t shifted much since. In 1971, cannabis was classified as a Class B drug, meaning severe penalties for possession and supply.
The law remained mostly the same for over 80 years before in November 2018 opinions changed again, and it became legal for specialist doctors on the GMC register to prescribe medical cannabis for qualifying conditions.
While this highlighted a shift in attitude towards cannabis laws, the future of cannabis laws in the UK remains uncertain.
The possession of cannabis in the UK is still an offence, but police approaches can vary between forces.
If you are caught carrying a small amount of cannabis, police may issue a warning or on-the-spot fine of £90, however most forces now use community resolutions rather than cannabis warnings.
Continued offences or aggravating factors can lead to arrest with a maximum penalty of 5 years in prison, an unlimited fine, or both.
No, the possession of cannabis is still an offence under the Misuse of Drugs Act 1971, regardless of how much you have or if it’s for personal use.
Possession of cannabis in the UK is only legal when it has been prescribed by a specialist doctor for medicinal use.
No. It is illegal to smoke cannabis in the UK regardless of where you are, why you take it, or how it was prescribed.
When medical cannabis flower is prescribed, it is intended to be vaporised only.
Releaf understands that finding a doctor who is registered to prescribe medical cannabis can be difficult. That's why we offer online consultations with our specialist doctors, as well as a unique medical cannabis card for extra protection and access to the treatment you need. If you're interested in learning more about our services or getting access to medical cannabis treatment, get in touch and one of our team members will be happy to help.
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