Recently, the London Drugs Commission, established three years ago by London Mayor Sadiq Khan, released its final report on the state of the UK's drug policies. The report stated that "the prohibition of cannabis is disproportionate to its harms," particularly for minority communities in the capital.

With the open support of the Mayor of London, the 42 recommendations in the report have sparked widespread debate in the UK media. Previously, former Justice Secretary David Gauke had released a similarly controversial report, which compelled the government to focus on prison and sentencing reform. As the crisis within the UK prison system reached a boiling point, Gauke's recommendations were "accepted in principle" by the government.

Although now seems like an ideal time to push forward further reforms that could help exempt thousands of minor offenders from imprisonment, whether the Keir Starmer government will seriously consider Lord Falconer's recommendations remains to be seen.

UK Cannabis Regulation

On May 12, 2022, London Mayor Sadiq Khan officially announced the establishment of the London Drugs Commission (LDC), a new organization led by Lord Falconer, a former Justice Secretary under the Blair government. The commission was created to specifically examine the "effectiveness of current drug laws and cannabis policies," with a focus on reducing harm to London's "historically marginalized communities."

Its final report, *The Cannabis Conundrum*, examines the impact of "non-medical" cannabis use in London, as well as the effects of current laws on the nation's society and the legal system amidst the ongoing crisis.

The report stated: "The current laws criminalize the import, export, production, and supply of cannabis, potentially imposing severe penalties. Furthermore, the current laws also criminalize the possession of cannabis, which we consider inconsistent with their intended purpose."

According to the latest data from the UK Ministry of Justice, in 2024, the number of individuals formally processed by the criminal justice system in England and Wales increased by 4%, reaching 1.52 million people.

Against this backdrop, the number of out-of-court disposals (OOCDs), which include penalties for lower-level offenses such as cannabis possession, increased by 5%. However, the number of cannabis and khat warning cases dropped significantly by 68%, and Penalty Notices for Disorder (PNDs) declined by 44%. Nevertheless, of the 4,100 PNDs issued, 37% specifically pertained to cannabis possession, meaning approximately 1,500 individuals were fined on the spot for cannabis possession.

The report states that as of December 31, 2024, the number of prisoners whose primary offense is cannabis-related stands at 1,073. The average annual total cost of incarcerating one prisoner is £51,108 (with an annual total of approximately £55,094,424).

Further data reveals that by June 2024, England and Wales Magistrates' Courts will have 12,429 defendants involved in cannabis possession cases, accounting for 1.0% of all cases. It is estimated that the daily cost of handling these cases in the UK Royal Courts of Justice (HMCTS) is approximately £1 million.

The report points out that the "severity of penalties" for cannabis-related offenses, particularly the penalties for cannabis possession, is "excessive." We believe that the severity of penalties for this type of offense is disproportionately high.

More pointedly, it has raised concerns about the disproportionate impact on minority communities over the years, as well as the abuse of "stop and search" procedures. "Although black people in London are more likely to be stopped and searched than others… their likelihood of carrying drugs does not necessarily correlate," the report states, "Cannabis regulation, particularly through stop and search, continues to focus on specific groups, leading to long-term destructive consequences."

Decriminalization Rather Than Legalization

The report clearly states from the beginning that it does not advocate for the legalization of marijuana. It emphasizes that the legalization of marijuana is "not a panacea for the harms caused by prohibition."

By studying markets with more lenient marijuana laws such as the United States, Canada, Germany, and Malta, the report points out that although "legalization has not caused disaster," it has also not solved the prohibition problem, and "has not eradicated the black market." The commercial models adopted by some jurisdictions imply that 'tobacco giants' are being replaced by 'marijuana giants'.

In addition, the report states that the evidence for the legalization of marijuana "does not indicate benefits such as increased tax revenue or reduced pressure on the criminal justice system outweighing risks". However, the report also notes that these conclusions are partly due to a lack of "compelling evidence" and states that the issue is still in its early stages.

Therefore, the London Drug Commission (LDC) believes that decriminalization is a pragmatic compromise between complete prohibition and full legalization, and they believe that this stance can garner public support. "Public opinion polls show that the majority of the public do not support complete prohibition...but they also do not want to see people penalized by the criminal justice system for using marijuana and ruining their lives."

Reclassification of Marijuana

Therefore, the core recommendation of the report is to reclassify cannabis, removing it from the 1971 UK Misuse of Drugs Act (MDA) and placing it under the 2016 Psychoactive Substances Act (PSA).

From "Drug Abuse Act" to "Psychotropic Substances Act"

This reclassification essentially will legalize the possession of marijuana, but other criminal activities such as distribution or cultivation of marijuana will still be subject to criminal penalties. The report suggests that "imports, exports, production, and distribution... still remain illegal, with the highest penalties appropriately mitigated (but imprisonment still effective), and suggests sentencing for marijuana offenses based on the harm caused by marijuana."

Therefore, the police will also lose the ability to stop and search individuals based solely on suspicion of possessing cannabis. The police hope that this move will "reduce the number of people being stopped and searched", as "mere suspicion of possession of cannabis will no longer be a legitimate reason to exercise stop and search powers". Additionally, this change will also better protect those who use illegal cannabis for medical treatment but cannot afford the cost of a private prescription.

Currently, those who use marijuana to alleviate health issues and hold a prescription for it will not face such penalties. However, those who rely on illegal marijuana to relieve the same symptoms may face such penalties - even if medical records prove their poor health condition. This is unfair. Therefore, canceling penalties for individuals who possess marijuana (regardless of its source) may provide a solution.

The London Drugs Commission (LDC) also suggests providing retrospective protection for individuals previously convicted for possession of cannabis if this core measure is introduced.

Mike Morgan Giles, CEO of the UK Cannabis Industry Association, said: "There is no doubt that the current system has a particularly severe impact on minority communities and urgent reform is needed."

Other important recommendations proposed in the report.

The report also put forward some other important recommendations, such as conducting cost-benefit economic assessments of the legal cannabis market; introducing drug testing services in London including cannabis; exploring effective treatments for cannabis-related issues; exploring the use of prescription-grade cannabis in treating non-medical use issues; banning searches based solely on the smell of cannabis (Amendment of PACE regulations A); adopting local bylaws to restrict smoking cannabis in public spaces; not disclosing cannabis possession offenses in criminal record checks, and exploring allowing limited home cannabis cultivation based on international evidence. Many of these recommendations have long been called for and may have a significant impact on the medical cannabis industry in the UK.

Industry speaks.

Regarding the advice on medical cannabis, Dr. Simon Erridge, research director at the renowned Curaleaf cannabis clinic, stated: "We know that being classified as a class B drug has not effectively reduced the harms of cannabis, nor changed the way it is accessed. Many people who need cannabis to manage diagnosed conditions are still forced to rely on illegal means to obtain it. Therefore, we must eliminate barriers to accessing regulated, quality-tested medical products. By investing in the right research and policies, expanding access to medical cannabis through the UK National Health Service (NHS) is achievable. Therefore, for the benefit of current and future medical cannabis patients, real change must be pushed forward as soon as possible."

Mamedica CEO and founder Jon Robinson also stated, "I think there needs to be more effort put into understanding the real issues at hand... Considering medical cannabis has been legal in the UK for over six years, I am astonished by how limited people's access to and understanding of its medical benefits still is. Lord Falconer's report suggests that decriminalizing personal possession of cannabis could not only alleviate pressure on the criminal justice system, but also support fair access to medical cannabis, including addressing cost barriers and expanding research."

In addition, the reactions from different parties vary. A spokesperson from the Ministry of Interior stated, "The government has no intention of reclassifying marijuana from a Class B substance under the Misuse of Drugs Act."

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