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UK: Cannabis reclassified, not decriminalised

Isle of Man Online

Thursday 08 Jan 2004

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PEOPLE who smoke cannabis may still face prosecution despite changes in the
drug's classification, it's been confirmed.

From January 29 cannabis will change from a Class B to a Class C drug as
the Island adopts UK legislation.

Chief Minister Richard Corkill said UK classifications have been adopted
due to administrative difficulties in Tynwald dealing with lists of substances.

He said the Island's authorities were aware of the changes in UK law but
were given little notice about the details of the reclassification.

Mr Corkill said the UK 'moved around a little bit like the wind' and the
'decision then moved very quickly and, despite our requests to the
Department of Constitutional Affairs, we had very little time to make that
change ourselves'.

UK guidelines which give the police power to arrest under 17s who smoke
cannabis and those who smoke it in public or in front of children won't
automatically apply here .

But Mr Corkill said it was important to remember the reclassification does
not mean decriminalisation.

'There's been a lot of debate in the UK about what it means in relation to
the powers of arrest,' he said of the speculation about the legal situation.

Acting Detective Inspector John Mitchell from drug squad explained: 'We're
only talking about simple possession of cannabis. For all the offences of
supply, buying it to supply it to other people there's still the power of
arrest and can carry five years in prison.'

Conditional powers of arrest can still be used, as can stop and search
procedures under the Misuse of Drugs Act.

Acting DI Mitchell explained: 'If the officers are satisfied about who you
are and where you live you can be summonsed and not arrested.'

But he said it would be for the officer to decide to make an arrest at the
time or issue a summons, which may lead to a prosecution, caution, referral
or no further action.

'It's still a criminal offence. My advice is not to use it or carry
controlled drugs. It's not decriminalised, it's just reclassification,' he
warned.

 

 

 

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