Cannabis has a long history of use in the UK, and its illegal status is only a very recent part of it. The reasons behind this are complex, and often political, with drug policy a topic of significant debate among politicians and the wider public. Here we take a look at cannabis in recent history and explore the reasons why recreational use remains illegal in the UK today.
Is using cannabis recreationally a crime?
Yes. Cannabis for recreational or ‘adult-use’ is illegal to buy, sell or possess in the UK under Schedule 2 of the Misuse of Drugs Act 1971.
As it is categorised as a Class B controlled drug under the current sentencing guidelines, cannabis possession is punishable by up to five years in prison, an unlimited fine, or both. The maximum sentence for charges related to the supply and production of cannabis is up to 14 years’ imprisonment.
A short history of cannabis in the UK
Cannabis has been part of life in the UK for centuries, with some sources suggesting it may have been farmed here as early as the Bronze Age.
Hemp was cultivated for fibre production and used to make rope, sailcloth, uniforms and numerous other materials. It was deemed to be so important to military activities that in the 16th century, under the rule of King Henry VIII, farmers were obliged to dedicate a percentage of their land to growing hemp, with fines imposed on those who refused.
As more was discovered about the medicinal properties of cannabis, in the mid-to-late 1800s it became a staple for physicians and medical practitioners, and was available in forms such as tinctures, pills and extracts for the first time.
Even Queen Victoria is said to have been prescribed cannabis by her personal physician, Sir Russell Reynolds, to help manage her menstrual cramps.
Modern cannabis prohibition
Recreational cannabis is illegal in the UK today as a result of modern prohibitionist policies, which were first introduced in the early 20th century.
Around this time, a stigma was beginning to develop around cannabis, which is now widely acknowledged to be driven by prejudicial attitudes towards certain cultures and their use of the plant. These views, highlighted by campaigns such as ‘Reefer Madness’, played a significant part in the “war on drugs” in the US, which would go on to shape drug policy around the world.
In 1925, an international treaty developed by the League of Nations to control the opium trade was extended at the last minute to include cannabis. Here in the UK, political leaders also began to call for cannabis to be banned alongside all ‘dangerous’ drugs, including opium and cocaine, and in 1928, the Dangerous Drugs Act came into law, making recreational cannabis use illegal in Great Britain.
While medical cannabis was still legal at this time, doctors increasingly began to view it as a recreational or ‘dangerous’ drug, rather than a medicine.
The Misuse of Drugs Act
In 1969, the Misuse of Drugs Act (MDA) came into force in England, listing cannabis as a Class B drug and instating a maximum of five years’ imprisonment for possession.
In 1979, the Advisory Council for the Misuse of Drugs (ACMD) suggested reclassifying cannabis as a Class C, but the government didn’t act on the recommendation. Decades later, in 2009, it was moved to Class C by Home Secretary David Blunkett, making possession a non-arrestable offence. However, just five years later, it was moved back to Class B, where it remains today.
When was medical cannabis legalised in the UK?
Medical cannabis was legalised in the UK in November 2018, following the high-profile media campaigns led by families of children with epilepsy, who had experienced significant improvements from cannabis.
The law change saw cannabis made a Schedule 2 drug under the MDA, meaning doctors on the GMC specialist register could legally prescribe it to their patients where they felt it was clinically appropriate.
Recreational cannabis remained illegal.
The cannabis debate today
Drug policy remains a divisive topic among politicians and members of the public today.
In 2022, a group of conservative police commissioners called for cannabis to be reclassified as a Class A drug, calling it just as harmful as cocaine. Although former Home Secretary Suella Braverman, also known for her hard stance on drugs, was ‘receptive’ to the idea, no changes ever went as far as being adopted into law.
Meanwhile, in the same year, London Mayor Sadiq Khan proposed decriminalising cannabis in the capital, going on to set up an independent drugs commission to assess its feasibility. In a YouGov poll carried out at the time, only 23% of Britons said they wanted to see cannabis laws made tougher, with 42% supporting more lenient policies.
MPs have not voted on legalising cannabis since 2018, when the House voted down proposals. However, a recent YouGov survey found that 50% are opposed to cannabis legalisation, compared to just 39% who would be in support. More recent polls suggest that public opinion on the issue remains split.
Risks of using recreational cannabis
Current drug policies in the UK have created a thriving illegal market with no regulation or oversight. Even though medical cannabis is legal, an estimated 1.4 million people are still using cannabis illegally for medical purposes.
Not only does this system leave these patients at risk of criminalisation, which could have long-lasting effects on all aspects of their lives, but it also means they may end up consuming much more harmful substances or contaminants, with no guidance or clinical oversight.
Am I eligible for medical cannabis?
If you use cannabis to manage your health condition or symptoms, you may be eligible for a prescription. Emerald’ free eligibility checker can help determine whether it’s right for you.
We understand that medical cannabis treatment can seem like a big expense, which is why we aim to remove any hidden costs and operate a transparent pricing structure to make it more affordable for more people in the long term. You can find out more about our pricing here.