Bud Buddies - Medical Cannabis for the sick

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Legal Section

If you are questioned by the police regarding cannabis, explain that as a medi-user of cannabis you DO NOT accept that is a misuse of a drug to use cannabis for medicinal reasons. Detail your medical history, give as much detail as you can and take as long as you wish.

If the police ask you who supplied your cannabis (and it was Bud Buddies) tell them. All members of Bud Buddies are prepared and willing to attend Crown Court on behalf of each other.

It is within the power of the Crown Prosecution Service not to prosecute if a prosecution is 'not in the public interest' or 'if there is a less than 51% chance of a guilty verdict'. Every prosecution for the medicinal use of cannabis fails both of the above tests.

We advise every member to insist on a Crown Court trial. If you accept a police caution or plead guilty at Magistrates court then you will have a criminal record.

At Crown Court we will be judged by our peers, not the police, not the Judge, not the CPS, but by members of the public, people just like us. People with common sense and a true sense of justice.

If we cannot trust a Jury, then we cannot trust ourselves.

Jeffrey Ditchfield 20th April 2004

The information below is provided by www.release.org.uk

What is the legal position?

IT IS CURRENTLY ILLEGAL IN THE UK 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.

This law has been amended to cover the use or administering of any controlled drug. However, the amendment is not expected to come into force for the time being. This will be reviewed in 2005. For further information as to the current position, please call our legal helpline or consult your solicitor.

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.

For information and help in dealing with the Police, the courts or drug problems, contact:
Release Legal Helpline
020 7729 9904
10-6 Monday to Friday

YOU HAVE THE RIGHT TO BE TREATED FAIRLY AND WITH RESPECT BY THE POLICE.

You do not have to say anything to the police. BUT if you are later charged with a crime and you have not mentioned, when questioned, something that you later rely on in court, then this may be taken into account when deciding if you are guilty.

There may be good reasons why you do not wish to say anything to the police, and you should not be intimidated into answering questions. Get a solicitor down to see you in the police station as soon as possible.

REMEMBER:
	There may be times when if you give an innocent explanation for what you have done, the police may leave you alone.
	It is wise not to discuss the case with the police until you have consulted privately with a solicitor
	If the police are about to arrest you or have already arrested you, there is no such thing as a 'friendly chat' to sort things out. Anything you say can later be used against you. Think before you talk.

WHEN THE POLICE GET IT WRONG

If you want to challenge anything the police have done then get the names and addresses of any witnesses, make a written record as soon as possible after the event. It should be witnessed, dated and signed. If you are injured, or property is damaged, then take photographs or video recordings as soon as possible and have physical injuries medically examined.

If you have been treated unfairly then complain to a civil liberties group such as Release or contact a solicitor about possible legal action.

ON THE STREET

If you are stopped by the police:
	If they are not in uniform then ask to see their warrant card.
	Ask why you have been stopped and at the end ask for a record of the search.

You can be stopped and searched if the police have a reasonable suspicion that you are in possession of:
	controlled drugs
	offensive weapon or firearms
	carrying a sharp article
	carrying stolen goods

There are other situations where you can be stopped and searched, for example:

If police fear there might be serious violence in a particular area they can stop and search anyone in that area for up to 24 hours. In these circumstances the police do not need to have a reasonable suspicion that you are carrying a weapon or committing a crime. This very wide power can be used at raves, demonstrations etc.


REMEMBER:
	You run the risk of both physical injury and serious criminal charges if you physically resist a search. If it is an unlawful search you should take action afterwards by using the law.

IN A POLICE STATION

You always have the right:
	to be treated humanely and with respect.
	to see the written codes governing your right and how you are treated.
	to speak to the custody officer (the officer who must look after your welfare).
	to know why you have been arrested.

You also have the right (but they can in rare situations be delayed):
	to have someone notified of your arrest (not to make a phone call yourself).
	to consult with a solicitor privately.

REMEMBER
	Do not panic. You cannot be locked up indefinitely. The police sometimes keep you isolated and waiting in the cell to 'soften you up'. Above all else, try to keep calm. The police can only keep you for a certain period of time - normally a maximum of 24 hours (36 hours for a serious arrestable offence).
	Make sure the correct time for your arrest is on the custody record.
	Make sure you know why you have been arrested.
	Insist on seeing a solicitor (you might have to wait, but it's always free). Ask them to be present when you are interviewed. Do not be put off seeing a solicitor by the police. It is your right, and it's free.
	If you ask for anything and it is refused make sure this is written down on the custody record.

SEARCH OF YOUR HOME

The police can search premises with the consent of the occupier.
A warrant can obtained from magistrates by the police to search premises for evidence of certain crimes.

The police can enter premises WITHOUT a search warrant in many situations, including:
	following an arrest, the police are allowed to search premises the detained person occupies or has control over.
	to capture an escaped prisoner
	to arrest someone for an arrestable offence or certain public order offences.
	to protect life or to stop serious damage to property.
	other laws give police specific powers to enter premises.


REMEMBER
	You are entitled to see a copy of any search warrant.
	Police can use reasonable force to gain entry.
	Police should give you information about their powers to search premises.
	A record of the search must be kept by the police.
	You or a friend should be allowed to be present during the search but this right can be refused if it is thought it might hinder investigations.

WARNING - Cannabis is still illegal in the UK, we DO NOT encourage individuals to break the law. However, If you are a genuinely ill person and you feel that you may benefit from the proven therapeutic effects of cannabis then please contact us. Information on this site is for educational and research purposes.