October 31, 2003
Correction
This Drug Policy Alliance news summary, UK Votes to Decriminalize Marijuana, contained factually inaccurate information. We based our story on reports from the BBC and other reputable news sources. As several of our supporters in the U.K. have kindly pointed out, the British Parliament only voted to reclassify marijuana from a Class B to a Class C drug. The Alliance regrets our error and wishes to take this opportunity to thank our friends in the U.K. for helping us set the record straight.
The British government has passed legislation reducing the maximum penalty for possession of cannabis (marijuana or hashish) from five years to two years. The maximum term for minor offenses for which charges may be brought on summary jurisdiction (in a Magistrate’s Court) remains three months, but the maximum fine on summary conviction has been reduced from £2500 to £1000.
Cannabis has been moved from a Class B to a Class C drug on the advice of the expert Advisory Council on the Misuse of Drugs and the Home Affairs Select Committee of Parliament. The reduction in penalties is result of this reclassification, recognizing the fact that cannabis is less dangerous than amphetamine and other Class B drugs.
In general, offences with a maximum sentence of two years or less are not “arrestable.” That means that the police cannot make an arrest without first obtaining a warrant. The responsible minister, the Home Secretary, has decided not to deprive the police of their powers of arrest for possession of cannabis. However, in practice, the police will follow guidelines issued by the Association of Chief Police Officers (ACPO) according to which there will be a “presumption not to arrest” in all but aggravated circumstances. The guidelines will be purely discretionary and will have no legal force. However, they justify the practice of ‘turning a blind eye’ followed by most UK police forces for some years.
The original uncorrected story appears below.
The British Parliament voted today to decriminalize marijuana, removing all criminal and financial penalties for possession. When the law goes into effect in January, those caught in possession of marijuana will have their drugs confiscated and will be issued a warning. People caught dealing marijuana, or using or dealing most other drugs still face stiff criminal penalties. Danny Kushlick, director of the U.K. drug policy reform organization Transform, hailed the marijuana vote, telling the BBC that “[t]he only way to ensure that cannabis users are aware of the strength, purity and potential dangers of cannabis is to legalise, regulate and control its production and supply.”
The “War on Drugs” is becoming an increasingly solitary pursuit for the United States. While Great Britain, Canada, the Netherlands, Switzerland, Australia and other countries have moved toward more liberal drug laws, the Bush administration continues its policy of incarcerating nonviolent drug offenders.
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