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Q96: Is cannabis legal?

Cannabis is a class B drug and it is an offence to possess, supply or produce the drug.

In England and Wales, a first offence for possession of cannabis could attract a warning or a penalty notice for disorder, however any aggravating factors are likely to lead to an arrest and prosecution.

The maximum sentence on conviction for possession in a magistrates' court is a penalty of three months imprisonment and/or a fine not exceeding £2,500. In a Crown Court the maximum sentence is five years imprisonment and/or a fine. A conviction of production and/or supply of the drug can carry a maximum sentence of 14 years imprisonment.

It is worth noting that these are only proposed penalties. It does not necessarily mean that a first offence for possession will certainly be met with a warning. The Crown Prosecution Service could, depending on the circumstances, decide to prosecute a first time offender for possession of a small amount of the drug.

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