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Is it illegal to grow marijuana in the UK?

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Published by:

David Johnson

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Reviewed by:

Alistair Vigier

Last Modified: 2023-06-04

Are you wondering if it’s okay to grow marijuana in the UK? Marijuana is classified as a Class B drug under the Misuse of Drugs Act 1971 in the United Kingdom. What does this mean? It indicates that cultivating marijuana, along with possession and distribution, is indeed illegal. Penalties for these offences can be severe.

Cultivating marijuana, even for personal use, could result in a prison sentence. If caught, individuals may face up to 14 years of imprisonment, an unlimited fine, or both. The length of the sentence generally depends on the scale of the operation. If the authorities perceive the cultivation to be linked to supply or intent to supply, this could lead to an even harsher punishment.

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Benefits of cannabis-based medicines

The UK does make an exception for the medical use of marijuana, though. In November 2018, medical cannabis was legalized in the UK following some high-profile cases that highlighted the benefits of cannabis-based medicines. However, this doesn’t mean anyone can grow marijuana for their medical use; it’s strictly controlled and only available via prescription from a specialist doctor.

What’s interesting about this situation is that the UK is one of the world’s largest legal exporters of medical cannabis. A striking paradox, isn’t it? On one hand, it’s strictly illegal to grow cannabis domestically for personal use. On the other hand, the country is contributing to the medical cannabis supply for countries where it’s been legalized.

Firmly against further decriminalization or legalization

Public sentiment in the UK has been shifting. A YouGov poll in 2018 showed that a majority of the British public supports the legalization of cannabis. Nevertheless, as of my last update, the government’s stance remained firmly against further decriminalization or legalization.

Does this mean you should despair if you’re a UK resident dreaming of a personal marijuana garden? Not necessarily. While the legal climate was undoubtedly restrictive at my last update, laws change, and they often do so in response to shifting societal norms.

Around the world, there’s increasing recognition of the potential medicinal benefits of marijuana, as well as an evolving conversation about personal freedom and the cost-effectiveness of drug law enforcement.

Grow marijuana in the UK

The United Kingdom leads the world in many ways. It is among the top industrialized nations and its capital city, London, is a major financial center for world markets and consistently a top tourist destination.

But when it comes to cannabis laws, it lags behind several of the other industrialized Western nations like Canada and the United States. In most parts of those countries, the possession of marijuana for recreational use is completely legal. Private citizens are even able to grow small quantities of the plant themselves. Canadians, for example, can grow up to four plants per household.

Is it illegal to grow marijuana in the UK?

Yes, unlike those other industrialized nations, it is illegal to grow marijuana in the UK. The only exception is for the cultivation of medical marijuana, but you need a special permit for this. There are only a handful of companies with this license in the UK; it’s not easy to get.

This fact is all the more ironic, given that the UK happens to be one of the largest exporters of medical marijuana anywhere in the world.

What are the penalties for growing marijuana in the UK?

The maximum penalties for cultivating cannabis without the proper license are quite severe. Marijuana is categorized as a Class B drug. Class B drugs include substances like speed, ketamine and mephedrone in addition to cannabis. 

Simple possession is illegal, but those found guilty of supplying or producing marijuana face even stiffer fines. As it’s considered trafficking, jail time could be as much as 14 years.

Is marijuana possession illegal in the UK?

As marijuana is a Class B drug, simple possession can bring a maximum sentence of up to five years in prison as well as fines of up to £2,500.

Illegal or dangerous drugs are organized into three broad categories that correlate with how dangerous they are to individuals and the regulations surrounding their use.

Class A drugs include substances like heroin, cocaine and ecstasy, Class B drugs we’ve already covered and Class C drugs include anabolic steroids and some tranquillizers.

What are the special police guidelines for marijuana possession in the UK?

The possession of marijuana is definitely illegal but when it comes to the actual enforcement of those laws, things get a little laxer.

For a first-time offender, you’ll likely just get a warning, or be offered a community resolution. A community resolution requires the offender to admit responsibility and that might be it. Some forces may choose to require the offender to give an apology or participate in an educational program about the dangers of drug use or something similar.

Several of these community resolutions can be given as long as the offender isn’t caught in possession more than once in a calendar year. Police may then choose to issue a Penalty Notice of Disorder or PND, which normally comes with a fine.

Continued offences could lead to an actual arrest and a charge of possession.

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The Case for medical marijuana

Since November 2018, medical marijuana has been legal in the United Kingdom. To get a prescription for marijuana, you’ll need to see a specialist doctor, as your GP won’t be able to write that prescription. 

At this time, it seems doctors are still hesitant to prescribe marijuana. Doctors need to demonstrate that no other drug can effectively control patient symptoms. Marijuana is mainly prescribed for rare and severe forms of epilepsy in adults and children, vomiting or nausea in adults related to chemotherapy as well as spasms and muscle stiffness caused by multiple sclerosis (MS).

The History of Cannabis Laws in the UK

When you’re talking about Cannabis laws in the United Kingdom, it really comes down to three primary statutes: The Misuse of Drugs Act (1971), The Medicines Act (1968) and the Psychoactive Substances Act (2016).

The primary statute concerned with the enforcement and prosecution of drug-related offences is the Misuse of Drugs Act. This is the act that sets out the three categories of drugs outlined above and their corresponding punishments.

The recreational use of cannabis has been prohibited in the UK since the 1920s. In 1928, it was added to a list of prohibited drugs created with the passing of the Dangerous Drugs Act of 1920. As mentioned above, it was categorized as a Class B drug in 1971 by the Misuse of Drugs Act. It was briefly downgraded to a Class C drug in 2002 but returned to its status as a Class B drug in 2009. Of course, more recently the medical use of marijuana was legalized in 2018.

Are Cannabis laws in the UK going to change?

With the legalization of medical marijuana in 2018, many see signs of change in the United Kingdom. While many doctors seem hesitant to prescribe medical marijuana to their patients, prescriptions are on the rise overall. Medical marijuana is proving itself an effective remedy for many afflictions with minimal side effects.

But what about recreational marijuana use?

As mentioned, the overall trend in industrialized Western democracies is full legalization. And there seem to be some signs of the UK soon following suit, with some sources predicting full legalization within 5 to 10 years.

The public and many in government are significantly in favour. Some surveys have more than half of the public in favour of legalization, and many government policymakers have been actively watching countries like Canada as they implement government-run sales.

The touted benefits of legalization are two-fold: Much of the more liberal-minded public is in favour of less government regulation overall. Plus, the revenue earned by taxing legal drug sales could help a government struggling financially.

To recap, while growing marijuana recreationally remains illegal at this time in the UK, there are significant signs of changing attitudes that could lead to widespread change in the near future. The cultivation of medical marijuana is currently legal, but only for those granted a special license, and not the general public.

If you need help with a legal problem, see our UK lawyer directory.

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