Under the MDA71 there are three classes of drug, A, B & C. A drug's class indicates which kind of punishment those caught breaking the law will be given.

All parts of the cannabis plant is a Class B drug and therefore prohibited to possess, sell, cultivate, produce or traffic.

The UK has a three strike warning system for cannabis offences, whereby Penalty Notice of Disorder. A PND is an automatic £90 fine given and must be paid within 21 days, or you will be asked to appear in court and may receive a criminal record. A PND is given for “a small amount” of cannabis, but what a small amount is has never been defined in law.

Cannabis is a Schedule 2 drug since November 1st 2018. This means specialist doctors can prescribe it as an off-licence medicine through a private clinic. Medical cannabis products doctors prescribe to patients are legal to possess and will not result in prosecution.

It is also listed in Schedule 1 to the Misuse of Drugs Regulations 2001 (MDR 2001) and designated under the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 (2015 Order).

Any products that contain more than 0.2% fall into this category and are policed this way.

CBD is not against the law. CBD is not a scheduled cannabinoid and is legally available to buy from many shops as a food supplement. All products sold must be listed on the Novel Food List with the Food Standards Agency and Food Standards Scotland. CBD products must not contain more than 0.2% THC.

Whilst CBD flowers are regularly confiscated by the police in raids, a recent court ruling indicates that there is no public interest in prosecuting retailers for CBD flowers because they do not produce narcotic effects. This has not changed the law, but could have some influence in future court cases.

It is the polices duty to uphold the law. At times, and depending on which part of the UK you find yourself in, the police may exercise discretion to allow certain activities to go by with a verbal caution. This should never be expected though and is the rare occasion.

The police can only stop and search you if they have a justifiable reason and legal probably cause. In reality it’s quite easy for the police to create evidence such as saying there has been a report of a burglary with someone matching your description and you will have no way to verify if this is true.

Multiple police bodies have ruled that the smell of cannabis alone is not a probable cause to stop and search anyone for cannabis. If a police officer ever tries to use this as a legitimate reason to search you in a stop, you are entitled to remind them of this, ask if you are being detained and if you're not, are you free to go. Remain clear, calm, concise and confident and remain making eye contact.

If you are involved in a police stop and search and you do have cannabis on you, remain calm and keep eye contact. The police have the right in England and Wales to stop and question you at any time for any reason. If they wish to search your person, they have the right to. If you refuse, they may use force.

If they discover your cannabis they will determine if they think it is a personal amount and make the decision to give you a cannabis warning or arrest you. Just remember, anything you say that admits to breaking a law can and will be used against you. You have the right to remain silent until you have a solicitor.

Some operational police chiefs and Police Crime Commissioners feel that the current policy is not the most effective use of their officers' time, considering the circumstances in their constabulary.

Areas with high levels of problematic drug use view cannabis use and cannabis social clubs as non problematic when faced with the high levels of vulnerability and exploitation with drugs like heroin, spice, crack and methamphetamine. Cannabis has even been seen as a safer alternative with cannabis social clubs acting as harm reduction centres to help people with a history of problematic use access safer alternatives such as cannabis.

A Cancard does not provide you with any legal protection and does not make the cannabis you carry legal or qualify as a prescription medicine. Some police may know of the scheme and personally allow you to carry on with your day but many police forces do not accept Cancard and will confiscate your cannabis and may give you a caution or even arrest you.

If you have a legal prescription from a cannabis clinic, that is all you need to prove you are a legal patient. Having a Cancard will give you no extra benefit. If a police officer informs you that you should have a Cancard please correct them and ask them to radio in to the station to confirm the law so you can both be sure. Officers must be able to state the exact law if they are charging you with an offence, and there is no offence in law that says if you have a prescription you must pay a third party company for a meaningless plastic card.

There is a growing concern amongst patient groups that Cancard have been misinforming the police, leading them to believe Cancards is a necessity for patients. This confusion is causing patients with a legal prescription to have their medication confiscated with them being arrested and locked in a police cell. Cancard refuses to take responsibility.

If you are caught in possession of cannabis you will be asked to give your name and address to the police. You do not have to say anything - but anything you do say may be used in a court of law to prosecute you. If you do not say anything you may be arrested.

If you do provide the police with your name and address and they want to arrest you, they have the right to, and may want to search your address.

You may just get away with a caution and a £90 fine called a Penalty Notice of Disorder.

When you are arrested for cannabis you are handcuffed and read your rights. “You do not have to say anything - but anything you do say may be used in a court of law to prosecute you.” You will be put into a police vehicle and transported to a police holding station with cells to be processed. You’ll be required to sign several forms. They will measure your height and take possession of your belongings, storing them in a plastic bag for your release. You will be asked to remove your shoe laces, belt, strings from your hoodie and tracksuit bottoms, necklaces and jewellery.

If you have been arrested before and your record is in the system they will be able to identify you. If they cannot, they are only able to keep you there for 24 hours, just bear in mind you will be asked to give your DNA, fingerprints and mugshot (portrait photo) and give a police interview. It is your right to give a no comment interview. It is also your right to answer any questions they ask you, just be aware if you say anything that does incriminate you. You may have a duty solicitor to be present or you may instruct your own solicitor.

The police will ask if you would like to read a copy of your rights or PACE, say yes. They will have to print off over 100 pages for you as they do not keep copies in police stations anymore. No one says yes so it will catch them off guard. It is our advice to spend your time in custody reading it and educating yourself of your rights. The police will likely give you respect because no one ever does it and shows you have respect for the law.

Depending on the severity of the offence you have been found committing you may be kept in on remand. Remand means they hold you until your trial date because they believe you may be a threat to the community, may flee, or may try to destroy evidence or intimidate a witness.

A cannabis warning is given to you if you have been found with a small amount of cannabis on you that the police determine is for personal use. A small amount has never been defined in law so this is at the police officers discretion. You will be given a ticket as evidence of the written warning and you will incur a fine of £90.

You must pay the fine also known as a Penalty Notice of Disorder (PND) within 21 days or you may have a warrant put out for your arrest and be taken to magistrates court after spending some time in a police cell. It is best to pay the fine as soon as possible if not straight away. You can be given 2 fines before a 3rd time lands you in court. This may lead to a criminal record. If you have a genuine medical need for cannabis, seriously consider a legal medical cannabis prescription.

If you are pulled over by the police or stopped in your vehicle and they suspect you of being under the influence of cannabis, the police will ask you to complete a drug analysis swab. You will be required to hold or swab an absorbent pad around your mouth that is then inserted into a reaction test kit. This will show a positive or negative reading for THC along with other banned substances.

If you test positive, or they fail to get a swab from you, the police will take you to the nearest police station and conduct a blood test to gain a more accurate reading. They are looking to determine how much cannabis is in your blood.

The legal limit for THC in blood is 0.2ng/l. This will likely result in a court appearance where you will risk losing your driving licence. The length of time you are banned from driving will be determined by several factors, if there were any other aggravating factors whilst you were driving and how much THC was in your system.

As a further consequence and ongoing punishment, your insurance premium will be much higher should you wish to start driving once your ban is complete. So far, the Road Traffic Act has not been updated to list THC as a medically recognised substance and therefore patients are advised to exercise caution because some officers and police forces may still wish to press charges. Seed Our Future have put together a helpful guide with the Cannabis Industry Council on driving and medical cannabis.

The charges you will face as a criminal are likely to be driving under the influence with a banned substance as written in law section 4(2) Road Traffic Act 1988. A positive conviction will show on your criminal record.

The punishment can range between 1 year ban to life. Here are the sentencing guides for judges presiding over cannabis driving cases. Suspended sentences and custodial sentences are not out of the question.

If you are caught selling cannabis, caught with the intention of selling cannabis or even if the police think you have the intention of selling cannabis, they will arrest you and place you in handcuffs and read your rights. You will be taken to a police station where you will be processed and held for an interview. You’ll be required to hand over all of your possessions and remove any belts, strings, laces, jewellery etc. until you are released.

They will take your height, fingerprints, a mugshot (photo) and DNA sample which they will store for a year if you are not charged but forever if you are. You may use the duty solicitor or you may choose or appoint your own if you have or know one. They can hold you for up to 24 hours. When you are in police custody, a judge may have granted a warrant for the police to search your premises if you were not initially arrested as part of a police raid at your property.

The punishment is relative to the level of activity you were involved in such as your level of responsibility, how much money they believe you were making and how long they believe you were operating.

The charges you will face are in the table here.

The police can search your home if you invite them in. Otherwise they need a warrant. If the police do not show you a warrant do not let them in. There is no such thing as a “friendly look around” or whatever other manipulation tactic they may use to try and enter your premises. No paperwork, no entry.

The police cannot enter your property simply for the smell of cannabis, which multiple police bodies have said does not constitute probable cause. Other factors must be involved.

Police must have a warrant signed by a judge. It must have been signed within 28 days or it is no longer valid.

If the police use force to break into your property and find nothing they are liable to pay for any repairs to the property, and they are responsible to ensure the premises are resealed after they have concluded their search.

If the police do find cannabis during their search of your property they will likely arrest you and charge you with one or more cannabis offences relating to the evidence they find and the conclusions they make.

If you are present when the police raid a property but you have not broken any laws you should try not to worry. If you were not in possession and you are in no way implicated other than by association the police will find it hard to press charges against you. You may still want to consult a solicitor. Sometimes, a letter written with the support of a lawyer and an in person visit to the police station to hand deliver the statement and give your testimony that you have no involvement can lead to any investigation into you being dropped.

If you are caught importing cannabis, the police will either raid your property to arrest you and take control of any evidence; or send you a letter inviting you for an interview at the police station.

They will take your height, fingerprints, a mugshot (photo) and DNA sample which they will store for a year if you are not charged but forever if you are. You may use the duty solicitor or you may choose or appoint your own if you have or know one. They can hold you for up to 24 hours. When you are in police custody, a judge may have granted a warrant for the police to search your premises if you were not initially arrested as part of a police raid at your property.

The punishment is relative to the level of activity you were involved in such as your level of responsibility, how much money they believe you were making and how long they believe you were operating.

The charges you will face are in the table here.

If you are caught growing cannabis, you will be charged with cultivation. The number of plants you are caught with, plus the time the police suspect you have been doing it and your role in the operation will play a factor in what kind of sentencing you will likely receive.

They will arrest you and place you in handcuffs and read your rights. You will be taken to a police station where you will be processed and held for an interview. You’ll be required to hand over all of your possessions and remove any belts, strings, laces, jewellery etc. until you are released.

They will take your height, fingerprints, a mugshot (photo) and DNA sample which they will store for a year if you are not charged but forever if you are. You may use the duty solicitor or you may choose or appoint your own if you have or know one. They can hold you for up to 24 hours. When you are in police custody, a judge may have granted a warrant for the police to search your premises if you were not initially arrested as part of a police raid at your property.

The punishment is relative to the level of activity you were involved in such as your level of responsibility, how much money they believe you were making and how long they believe you were operating.

There are 4 cultivation categories that scale in size of the grow and 4 possible roles you could have played that are based on your level of involvement. If you are found guilty, these factors will play a role in guiding the judge which sentence to hand down.

You can read more about the situation and the sentencing for cannabis growers here.

If you are found to be making or have made cannabis oil you will be charged with production because you have actively taken the steps to process the cannabis into another product.

You can be charged with this on top of cultivation and possession and possession with intent to supply all at the same time if the police feel there is evidence leading them to believe you have committed these offences.

A criminal record will show up on any background checks like a DBS for a minimum of six years. A DBS may be a requirement for starting a new job, a university or school.

Yes, you can get legal aid if you are being prosecuted and charge with a cannabis offence. The process can feel quite invasive. Legal aid is means tested so you will be required to fill out a series of application forms to prove your income and submit copies of your bank statements, savings and investment, rental or mortgage information and show what your living costs are.

Yes, you will get a duty solicitor if you are to appear in magistrates court and if you are to appear in crown court you will be appointed a duty barrister. You will only be offered this once for free, so if you have your first appearance adjourned for your own reasons you may be expected to pay legal fees for the rescheduled date.

You can contact Release, a drug policy reform charity who work at a United Nations level, to find out who the most suitable solicitor in your area is. Release have been supporting and signposting the UKCSC and our members since 2011.

If you have been prosecuted and are being handed a custodial sentence you will be asked to prepare a bag of items to take to prison with you on either the last day of your court appearance or at a sentencing hearing afterwards. Items you are suggested to bring include:

Going to prison is a serious mark on your record and will make things harder for you when you are released.

Upon release from prison you are likely to be ordered to attend parole meetings weekly or monthly. There may be other specifications relating to your specific case.

People criminalised or imprisoned for cannabis in the UK can also:

• lose their employment
• be denied housing placements
• be barred from travelling to certain countries
• become victim of a social stigma affecting mental health
• lead to families to break up
• children being taken away from their parents by social services, and
• losing a driving licence

If you are found not guilty of cannabis offence charges you will be free to go.

A cannabis conviction becomes spent after six years. After 10 years it will not show on your criminal record but it will remain on your permanent police record if you are ever stopped and searched or involved in any other crime in the future.

Release - A drug policy reform charity that lobbies for drug consumers rights and tries to reduce the harm caused by the law. Have first hand experience fighting for cannabis users in court.

Seed Our Future - have produced reports that help you know your rights and can help inform your legal team. Are involved in legal challenges about cannabis with the government.

Patients Cann - For prescribed medical cannabis patients who need help with their rights when they are challenged.

You will receive a court date in the post telling you when you need to arrive. You can instruct a solicitor or you can use the duty solicitor there on the day. The advantage of instructing your own legal team prior to your court date is you can more carefully plan your defence.

You may be required to wait as there can be some delays. Take a book or some headphones to keep you calm. Dress fairly smart.

If you have a friend or family member that can come along for moral support, it helps you and can sometimes give the judge a better impression about you.

You will be required to bring some ID. If you bring any water or a drink, it must be sealed when you enter the court building or they will ask to confiscate it for safety reasons. Do not take any sharp or items that could be interpreted as dangerous.

You will have a meeting with your legal team before you go into the court. You will sit in the dock and be asked to stand when the magistrate enters the room. You may sit when they have taken a seat. You may only speak when you are instructed to and will be required to state your name, date of birth and address to confirm your identity.

You will be asked to enter your plea of guilty or not guilty. Your case will either be processed straight away if they think it is possible or they will set another date at this time so you are mutually aware of it.

You will receive a court date in the post telling you when you need to arrive. You can instruct a solicitor who will find you a barrister, or you can use the duty barrister there on the day. The advantage of instructing your own legal team prior to your court date is you can more carefully plan your defence.

You may be required to wait as there can be some delays. Take a book or some headphones to keep you calm. Dress fairly smart.

If you have a friend or family member that can come along for moral support, it helps you and can sometimes give the judge a better impression about you.

You will be required to bring some ID. If you bring any water or a drink, it must be sealed when you enter the court building or they will ask to confiscate it for safety reasons. Do not take any sharp or items that could be interpreted as dangerous.

You will have a meeting with your legal team before you go into the court. Crown court is a little more formal than magistrates and can feel slightly more imposing with the glass separating you from the rest of the court.

You will sit in the dock and be asked to stand when the magistrate enters the room. You may sit when they have taken a seat. You may only speak when you are instructed to and will be required to state your name, date of birth and address to confirm your identity.

You will be asked to enter your plea of guilty or not guilty. Your case will either be processed straight away if they think it is possible or they will set another date at this time so you are mutually aware of it.

We can improve the police’s understanding of cannabis and their attitude towards consumers by raising more awareness in the police community. The UKCSC have been very successful campaigning the police in the past and are responsible for helping influence operational changes in policing cannabis in several areas of the UK. We know that more work needs to be done and that further achievements and milestones can be made.

Take a look at our letter templates and fill out your details to send your local officials and authorities the things they need to keep hearing from all of us on a regular basis.