CANNABIS / MARIJUANA / WEED / HASH / SKUNK / GRASS / HERB

What is it?

Cannabis is one of the world's most commonly used leisure drugs. It is estimated that at least one person in 20 in the UK has used it.

Cannabis comes from the plant Cannabis Sativa, which grows in a variety of climates and can reach up to 15 ft. in height. Its leaves are made up of 4-8 smaller lance shaped leaves with saw-toothed edges. When smoked, it has a sweet, herbal smell.

Cannabis comes in three main forms: cannabis resin, marijuana/grass and cannabis oil.

What does it look like?

Cannabis resin is a dark to light brown substance which is scraped off the surface of the plant and pressed into a solid lump. Resin is often bought in street quantities from a sixteenth to a quarter of an ounce, but regular users may buy greater quantities. It comes from the upper leaves and the small leaves on the stem of the plant. Resin is sometimes taken on its own, but more often it is mixed with tobacco and smoked.

Marijuana or grass (weed, herb, ganga) is the dried leaves and/or flowering tops of the cannabis plant. It looks like dried herbs and will be mixed with stems and seeds. It is smoked, usually with tobacco, in a ëspliffí or ëjointí or in a range of purpose-made or home built pipes. Skunk is a more potent variant, both in effect and aroma (hence the name). It is the unfertilized female, flowering buds of a mature cannabis plant.

Cannabis oil is a treacle-like liquid, refined from the resin or (less frequently) from the plant itself. Oil is prepared by solvent extraction of the plant material or resin and yields a particularly powerful form of the drug. It is smoked with ordinary tobacco, either by mixing it with the tobacco or by smearing it on cigarette paper which is then used to roll up tobacco

. How is it used?

Smoking is by far the most common method of taking cannabis. However, it can also be eaten, either on its own or in a variety of forms ranging from tea to cakes. The effects of eating cannabis can be less predictable because people often don't measure the quantity as carefully, or may not know how much of the drug is being consumed.

What are the effects?

The major mind-altering constituent is a substance called delta 9 tetrahydrocannabinol (THC). The main types of cannabis vary greatly in their strength, depending on the concentration of THC.

The effects of the drug also depend upon your mood, your surroundings and the amount taken. The drug may bring on feelings of contentment, relaxation and happiness. You may feel giggly. Many people don't experience much when they first use the drug, and have to learn what effects to look out for.

The medicinal effects of cannabis are being more widely accepted by the medical profession

It now seems that cannabis has definite beneficial application in treating some illnesses. Glaucoma, Multiple Sclerosis (MS) and the side effects of some forms of chemotherapy are examples.

Is it addictive?

Cannabis is not physically addictive. A minority of users can come to depend on the drugís effects ó i.e. become psychologically dependent.

Are there any side effects?

Cannabis can cause tiredness, reddening of the eyes, dry mouth, an increase in your pulse rate and a drop in blood pressure. Appetite is increased. While the drugís effects last, it is harder to concentrate. For example, driving may be difficult ó and dangerous. Perceptions of distance and velocity can change.

It can impair the short term memory and aggravate existing disorders in people with mental health issues. Some people, particularly those taking high doses over a period of time, may feel quite edgy and paranoid.

What are the risks?

Smoking the drug has all the problems associated with smoking tobacco, such as bronchitis, lung cancer and heart disease. The effects of cannabis may cause special risks for people with breathing and respiratory problems. Other risks are identified above.

Drug testing

Cannabis can be detected in urine samples (the usual method of testing). Smoking a joint a couple of nights a week may take 21-28 days to clear the system. Heavy cannabis use can be detected for around 42 -56 days after cessation.

The detection periods vary depending on the testing equipment used, your metabolism and amount of cannabis taken.

What is the legal position?

IT IS ILLEGAL TO POSSESS, SUPPLY, CULTIVATE, PRODUCE, IMPORT OR EXPORT CANNABIS.

Cannabis (including cannabinol, cannabinol derivatives and cannabis oil) was reclassified as a Class C drug in January 2004.

Simple possession

Simple possession now carries a maximum sentence of two years in prison and a fine.

The police still have the power to arrest for possession of cannabis. However, the Association of Chief Police Officers (ACPO) has issued guidance to the police force that there should be a presumption against arrest where someone is in possession of a small amount of cannabis (that is, where it is clearly for personal use).

In such cases, unless there are aggravating factors, a warning will be given and the cannabis will be confiscated. According to the ACPO guidelines, aggravating factors include smoking in public, being repeatedly caught in possession of cannabis, and having cannabis in your possession while in the vicinity of children. There are other factors, and you should contact our legal helpline or consult your solicitor for further information.

It is important to remember that the presumption against arrest is at the discretion of the police officer involved. It is not a legal right.

Supply offences

The penalty for supply offences has increased from 5 years to 14 years. Technically, this includes passing somebody a joint..

Young people

The law has not changed in relation to young people and cannabis. The presumption against arrest DOES NOT apply to young people. Young people caught in possession of cannabis WILL STILL be arrested under the Crime and Disorder Act 1998 which requires young offenders to be dealt with at the police station.

Occupiers of premises

It remains illegal for occupiers of premises, or anyone concerned in the management of premises, to allow those premises to be used for the production, supply or smoking of cannabis.

Sentencing

Sentences for simple possession are usually limited to fines and only in exceptional circumstances will a tougher sentence be imposed. Many first time offenders will simply receive a caution. However, the sentences for supply or intent to supply are much more severe (see above). Sentences for any drug offence depend upon the quantities involved, previous convictions and other relevant circumstances.

Driving

Being unfit to drive under the influence of any intoxicant, including cannabis, is an offence which is likely to lead to the loss of your driving licence and a fine and could result in a prison sentence. Getting your licence back and obtaining insurance after losing it will be difficult.

Further information

For further information, please call our legal helpline or consult your solicitor.