Cannabis consumption in the UK: what do the figures say?
Cannabis consumption is common in the United Kingdom, despite particularly repressive legislation. Thus, around 11.5% of young adults (aged 16 to 34) consumed it during the year 2023, which places the country 26th in the world in terms of number of consumers, 4th in Europe according to the French Observatory of Drugs and Addictive Tendencies).
Cannabis flowers are the drug most frequently seized across the Channel, followed by cannabis resin (hashish). Another striking fact: British men consume approximately twice as much cannabis as women. Also, the majority of cannabis consumed in the United Kingdom is grown at home (80% of the overall volume according to a police report)..
CBD flowers: the underside of relaxation
In September 2019, British customs intercepted a consignment of CBD flowers imported from Italy by Uncle Herb, an online store run by Eleanor Margiotta and Dean Taylor. A year later, the owners were arrested and charged with drug trafficking, leading to the closure of their business.
Eleanor Margiotta, who represented herself in court, challenged these accusations by invoking European legislation, which then took precedence over British law and authorized the free circulation of Cannabis L. Sativa with a content in THC less than 0.2%, because it is non-psychotropic.
The Crown Court, a criminal court of first instance, found that no offense had been committed, a decision confirmed by the Court of Appeal. This victory, won before Brexit, can however no longer be invoked for matters subsequent to the United Kingdom's exit from the EU.
A decision described as “very strong”
In July 2023, the British Court of Appeal pronounced the legalization of hemp flower with a THC content of less than 0.2%, in line with European legislation.
Despite a certain caution advised to CBD sellers, the recent decision of the British Court of Appeal is considered “potentially very strong” by Robert Jappie, specialist lawyer in controlled substances law at Fieldfisher.
This decision by the Court of Appeal could pose problems for the Crown Prosecution Service (CPS), the body responsible for criminal prosecutions, which today continues to pursue certain professionals in the CBD sector and, more broadly, non-psychotropic hemp.
As Robert Jappie explained to our colleagues at Business of Cannabis: “It doesn't give these companies the green light to trade openly, but, at the same time, I think it significantly reduces their risk of criminal prosecution”.
According to him, the public interest in prosecuting CBD sellers as drug traffickers is questionable if the product is not used for drugs. He advises those currently under investigation to urge their lawyers to put pressure on the CPS to review their position in light of this new ruling.
