Tuesday, January 24, 2012 -

    Medicinal Use Of Cannabis Recognised As Mitigation

    The Sentencing Council has published its new drug offences guidelines.  These come into force in the courts on 27th February 2012.

    For the first time courts will be told to reduce sentences for cannabis possession if it is being used for medicinal purposes.

    Download the guidelines here.

    Interpretation of these guidelines is not easy but the consensus now seems to be that if you’re growing nine plants or fewer and if you have a recognised medical condition (tell your doctor and make sure it’s in your notes) you face only a fine or a low level community order or even a discharge

    If this is correct then it is exactly what I had predicted after the consultation period and very, very welcome.

    CLEAR  will, of course, publish very shortly  an in-depth analysis of what these guidelines mean for cannabis users.

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    • Anonymous

      Peter – recheck the above regarding sentances for growing cannabis (9 plants or fewer with an expected yield of 40g per plant)… I read it as a starting point of ‘Band C Fine’ and category range of ‘Discharge – medium level community order’ for Class B Drugs on a ‘Lesser Role’ i.e. growing for personal consumption and medication!!!

      Effectively thats more or less decriminalisation for medical home growers when coupled with medical users being able to seek a reduction in sentancing!?

      (Refer to pages 18 – 21 for info).

      GO GO NURSE MARY JANE!!! ;)

    • http://www.peter-reynolds.co.uk Peter Reynolds

      That is pretty much what I had predicted based on the consultation but when I read it late last night it looked like 18 months to me!

    • Anonymous

      AMAZING STUFF… your hardwork and that of all others involved in the CLEAR campaign and many other Cannabis campaigns is finally having an impact!

      SPREAD THE WORD PETER! ;)

    • Anonymous

      Hmm, The war is far from Won
      will i as a medical user get by front door kicked in for growing 4 plants?
      Will the council seek possession on my property and make families homeless?
      The War, is not over….. We need to take a massive uturn on drug policy in the UK.
      As a parent of children born in the late sixties, i dont want my kids lurded into the ugly side of drugs. I want education and a coffee shop culture and free heroin for addicts with programs to get them off it, using Cannabis if they think it can help.

      Today IMO is the beginning of a bigger debate that needs to start shortly. We need a radical new approach along the lines of California, Portugal and Spain.

      Peter, we all have a lot of work to do

    • Anonymous

      Edit to say, that i was born in the late sixties, my kids are under 10 years 

    • http://www.facebook.com/people/Derek-Williams/1072934911 Derek Williams

      It’s not quite decrim, but it’s much better than before.

      This hasn’t come about just because of the work done by CLEAR by a long way of course, a lot of people had input to the process, but it does show the value of contributing to these reviews and thus the value in organisations like CLEAR making representations and encouraging everyone to have their say.

      Spread the word indeed, it’s a good news day.

    • Jordan Docker

      Still baffles me why a higher purity carries a higher sentence. bizarre and backwards.

    • http://www.peter-reynolds.co.uk Peter Reynolds

      I think it’s obvious why, from the prohos point of view.  Clearly, any drug is harmful, even cannabis to a minor extent (oxygen catalyses the aging process).  Therefore it must be the case that a larger quantity of drugs will cause a larger quantity of harm and drugs of higher purity can be cut to go much further.

      I’m not by any means supporting this view but I think it is logical for a proho.

    • http://profile.yahoo.com/K4FN7I3MRALF4MPCVD5XUUUJRM FD

      A step in the right direction.

      I thank Clear for spearheading this cause as often I feel very small compared to the gross injustice of appalling cannabis law and the frightening opinions of the misinformed masses.

      Education is the way forward– I feel I need to do *something* and I begin with learning. The time for ranting and raving over injustice is long over, I am inspired by the intelligent approach that Clear is taking. I am now a proud member and if I can impart just a little logic to those who will listen, including my MP, that will make a difference.

    • Anonymous

      Firstly i would like to state that it is the biggest load of bullshit the UK government making a drug (which is not a drug it is a plant) which relaxes people, makes everyone get along, DOES NOT CAUSE SCHITZO was made as class B for someone to not be able to get personal use for cannabis is ridiculous… PLEASE TURN ALL YOU’RE ATTENTION’S TO THIS THREAD POST OF A SCOTTISH MAN WHO WAS USING MARIJUANA which he was growing himself, therefore not funding gangs, dealers + crime who was raided less than a week after he’s dads death with no weed to help him with he’s depression or he’s serious epilepsi he was even considering hanging himself 
      http://www.rollitup.org/general-marijuana-growing/504790-help-busted-petrafied.html
      The government need to get their head’s out of their asses and realise cannabis is the number 1 cash crop in the world, it can reduce anti social behaviour, prevent fights, help alot with some serious medical conditions like epilepsi, MS + all anger problems

    • http://pulse.yahoo.com/_CDO5E7CXVEUUQ2JUHFP254YJ5A Kevin

      This is promising news indeed. However, these updated guidelines don’t diminish the uncertainties faced by the individual before a magistrate & the prejudice of existing cannabis misinformation. 

    • Anonymous

      The govt seriously has this all wrong

      For reasons unknown they seem intent on organised crime benefiting from
      drugs. I hope they take Richard Bransons views from today seriously.
      Reducing sentencing for the wrong people.
      Coffee shop culture  / education / abuse&addiction programmes
      Spend less and help people or spend more and fill the prisons. 
      Its a no brainer for most but I doubt Cameron sees it this way

    • Anonymous

      An
      update about what a ‘Band C Fine’ is, a ‘Discharge’ & ‘Medium Level
      Community Order’ is:

       

      Fine – Band C:

       

      Starting Point: 150% of relevant weekly income
      Range: 125% – 175% of relevant
      weekly income

       

      Discharge:

       

      Absolute Discharge is unconditional:
      the defendant is not punished, and the case is over.

      Conditional Discharge: is a sentence
      passed by a court whereby the defendant is not punished, provided they comply
      with certain conditions.

       

      Medium
      Level Community Order (Can be one or several of the following combined):

       

      -
      Unpaid work (40–300 hours)

      -
      Supervision (up to 36 months; 24 months maximum for SSO)

      -
      Accredited programme (length to be expressed as the number of sessions; must be
      combined with a supervision requirement)

      -
      Drug rehabilitation (6–36 months; 24 months maximum for SSO; offender’s consent
      is required)

      -
      Alcohol treatment (6–36 months; 24 months maximum for SSO; offender’s consent is
      required)

      -
      Mental health treatment (up to 36 months; 24 months maximum for SSO; offender’s
      consent is required)

      -
      Residence (up to 36 months; 24 months maximum for SSO)

      -
      Specified activity (up to 60 days)

      -
      Prohibited activity (up to 36 months; 24 months maximum for SSO)

      -
      Exclusion (up to 24 months)

      -
      Curfew (up to 6 months and for between 2–12 hours in any one day; if a
      stand-alone curfew order is made, there is no probation involvement.

      -
      Attendance centre (12–36 hours with a maximum of 3 hours per attendance)

       

       

      *NB:
      This info is correct to the best of my knowledge, but I am no solicitor/lawyer…
      you get the gist….

      An
      update about what a ‘Band C Fine’ is, a ‘Discharge’ & ‘Medium Level
      Community Order’ is:

       

      Fine – Band C:

       

      Starting Point: 150% of relevant weekly income
      Range: 125% – 175% of relevant
      weekly income

       

      Discharge:

       

      Absolute Discharge is unconditional:
      the defendant is not punished, and the case is over.

      Conditional Discharge: is a sentence
      passed by a court whereby the defendant is not punished, provided they comply
      with certain conditions.

       

      Medium
      Level Community Order (Can be one or several of the following combined):

       

      -
      Unpaid work (40–300 hours)

      -
      Supervision (up to 36 months; 24 months maximum for SSO)

      -
      Accredited programme (length to be expressed as the number of sessions; must be
      combined with a supervision requirement)

      -
      Drug rehabilitation (6–36 months; 24 months maximum for SSO; offender’s consent
      is required)

      -
      Alcohol treatment (6–36 months; 24 months maximum for SSO; offender’s consent is
      required)

      -
      Mental health treatment (up to 36 months; 24 months maximum for SSO; offender’s
      consent is required)

      -
      Residence (up to 36 months; 24 months maximum for SSO)

      -
      Specified activity (up to 60 days)

      -
      Prohibited activity (up to 36 months; 24 months maximum for SSO)

      -
      Exclusion (up to 24 months)

      -
      Curfew (up to 6 months and for between 2–12 hours in any one day; if a
      stand-alone curfew order is made, there is no probation involvement.

      -
      Attendance centre (12–36 hours with a maximum of 3 hours per attendance)

       

       

      *NB:
      This info is correct to the best of my knowledge, but I am no solicitor/lawyer…
      you get the gist….

       

    • http://profile.yahoo.com/K4FN7I3MRALF4MPCVD5XUUUJRM FD

      It should be noted that the guidelines apply only to England and Wales.

      A guideline council has been legislated for in Scotland, but is not yet implemented.

      In Northern Ireland a guideline council has been proposed, but is not yet legislated for.

    • http://www.facebook.com/people/Mark-Newton/100003369159055 Mark Newton

      Clear has had no input or consultation in these sentencing guidelines which is plainly obvious as Peter didn’t even know what it even meant for Cannabis users.
      I cannot believe the alleged leader of a Cannabis lobby group didn’t even know what the sentencing guidelines meant.But there again one wouldn’t expect someone who cant even be CLEAR on his past credentials to be clear about anything.

      Maybe this is the fabled 1978 paper or the lesser known 1983 fabrication that done it eh Peter?

    • http://profile.yahoo.com/K4FN7I3MRALF4MPCVD5XUUUJRM FD

      Personal debates aside, we are better off now than before– reformation is down to us, not a party or it’s leadership. I have been a member for a day and I am beginning to see the strengths and weaknesses of CLEAR.

      The main weakness– Peter and his party are as human as the lawmakers.

      The strength– us, and our willingness to push forward a just cause.

    • http://www.facebook.com/people/Mark-Newton/100003369159055 Mark Newton

      But you cannot push forward by any stretch of the imagination whilst being excluded from any sense of Political credibility.
      The main weakness of CLEAR is that it has failed due to the rhetoric and unbecoming behavior of its allegedly elected council which I think is only three people now after everyone was pushed or has left due to Peter Reynolds.
      It doesn’t look good when a Leader of a party  doesn’t know the sentencing guidelines of the plant he is defending .
      I would also like to add that as long as you support a leader with racist,homophobic and sexist views you will never have any credibility in the political forum of this country.You cant be a Lobby group if you cant even get to the front gate im afraid and I would even go as far as to say that CLEAR could do more harm than good to the cause when the press print that you are led by a right wing Homophobe with an unCLEAR and unsavoury past.

    • http://profile.yahoo.com/K4FN7I3MRALF4MPCVD5XUUUJRM FD

      I would find it quite disturbing to know the party leader has “racist, homophobic and sexist views”, is this evidenced fact and can you provide sources?

      If I have been naiive in joining CLEAR then I would like to know– I am not prepared to jump on board a non-inclusive movement simply because I believe as the party does on one issue (prohibition law reform).

      It is us, the people ‘on the ground’ that I have faith in and I am trying to move away from the fairly reclusive stance I have taken before, hence my willingness to engage here. I want to be active, but I want it to be in the right way where we move towards a common goal and defeat ignorance along the way. This battle has been raging since long before I was born and I hope to see a positive result, if not in the near future then at least in my lifetime.

      So where do we go from here, what is the best approach to combining our efforts against an unjust law?

    • http://www.peter-reynolds.co.uk Peter Reynolds

      Mark Newton,

      CLEAR is credited in the Sentencing Council’s own document as having contributed:

      http://sentencingcouncil.judiciary.gov.uk/docs/Drug_Offences_Response-(web).pdf 

      My highly detailed submission on behalf of CLEAR which was submitted on 16th June 2011 can be seen here:

      http://clear-uk.org/sentencing-council-drug-offences-guidelines-response-to-public-consultation/

      You are a caricature of the stupid, self-defeating idiot tribe within the cannabis community that shames us all.  You are also small minded, offensive and just plain wrong.

      Go away.  You and your sort are a waste of space and of everybody’s time.

    • http://profile.yahoo.com/K4FN7I3MRALF4MPCVD5XUUUJRM FD

      Hmm, Mark Newtons last post seems to be evaporated and my last comments (which were in reply) now seem a bit silly out of context :D

      I will look forward to a proper forum on this site as I have much to learn.

      Peter, my one suggestion to you is to make compassion your first response, even if the fellow really is as you say. Compassion is the way to bring on side the critics.

      I don’t know enough to be critical of anything so I will just extend an equal respect to all, whether I agree with them are not. After all, isn’t that ultimately what this movement is striving for?

    • http://www.facebook.com/people/Derek-Williams/1072934911 Derek Williams

      FD, yes he has evapourated, sorry about that! The post you replied to from Mark was deleted and he has been warned not to post more of the same. I bet he does though.

      The forum is coming soon

    • http://www.facebook.com/people/Derek-Williams/1072934911 Derek Williams

      Take a look at this from the IDMU
      http://www.idmu.co.uk/sentencingguidelines2012.htm

    • http://twitter.com/IDMU_UK IDMU
    • http://www.facebook.com/profile.php?id=568116969 Nigel Burke

      So the first thing I have to say to my brief when I see him is to tell him to either postpone the trial, or the sentencing?

    • Anonymous

      Peter, just a thought – maybe you should edit the main text of this News article in regards to the 18 month bit and replace it with the right info!? :)

      People reading the article and not the comments will believe its 18 months when its actually not… in regards to personal ‘Domestic’ growing.

    • Anonymous

      I’ve read the PDFs and some of the more interesting stuff is in the supporting documents – he only problem is getting judges like goldsack to use them rather than “Sendng a message”.

      So keep it small, dont sell or give any away, keep it under lock & key and dont fiddle the electric and you should get away with fine/cs.

      My only issue is 9 plants * 40g is more than the 100g limit for band 4 under posession. In my book that reads fine/CS for the plants and 26 weeks for the size of the crop.

    • http://www.facebook.com/people/Derek-Williams/1072934911 Derek Williams

      I think the best advice is to let the dust settle a bit before making any firm conclusions. Nigel, I would think yes, the best advice would be to string things out for a bit. The IDMU link above is the best we can give I think, but from *my* reading – and please take this with a large pinch of salt – it does look like there is a possiblity of escaping with no charge from a simple non-commercial domestic grow, especially if its for medical use. But please don’t quote me!

    • Anonymous

      A move in the right direction, but it fails to recognise the real medical needs of patients or the real benefits of cannabis as medicine. It still seeks to criminalise the ill and forbid a valuable medicine(while licensing the same!)

    • http://www.peter-reynolds.co.uk Peter Reynolds

      Done

    • Anonymous

       To me it is Clear Cut. I want drugs of the Streets and we start with a regulated coffee shop style culture. We can cut the drugs expenditure and save by the next parliment £10,000,000,000,000 Pounds for fuck sake. Next we can have heroine support clinics where addicts get Free heroin from the NHS help to get off the drug. I have no idea how we could go about ecstasy. That 10 Billion could go a long way to easing the pain for a lot of people suffering. We need to do this and save a fortune – quickly get the Select Committee over to Portugal Spain and then The Netherlands, and Switzerland.
      It must be done, we can not afford to continue the way we are going.   

    • Anonymous

      Maybe is he as you say, but by using the words you use you let yourself down, again.