UK Legalisation Policy

Is There a Cannabis Legalisation Bill in the UK?

There is no cannabis legalisation bill before Parliament. The bills that have tried since 2016, why they failed, and what a real one would look like.

13 October 20267 min readSam

No. There is no cannabis legalisation bill before the UK Parliament, and no government has ever introduced one. The last bill that tried to legalise and regulate cannabis for adults was a Liberal Democrat backbencher's in 2016, and it never got as far as a debate.

That surprises people, because the subject never seems to leave the news. Petitions run constantly, MPs give speeches, commissions report. But a petition is not a bill, a speech is not a vote, and the record of actual legislation on cannabis in Westminster is short enough to fit in a table. Here is what has been introduced, what happened to it, and what a real cannabis legalisation bill in the UK would have to look like before it was worth getting excited about.

Has a cannabis legalisation bill ever been introduced in the UK?

Once, properly. Twice more if you count bills about medical cannabis, which is a different question.

Parliament's own bill records hold three cannabis bills in the last decade that pointed towards legal access. All three were private members' bills, introduced by backbench MPs rather than by a government.

Bill Introduced by First reading What happened
Cannabis (Legalisation and Regulation) Bill Norman Lamb, Liberal Democrat 23 March 2016 Never debated at second reading. Fell at the end of the session.
Legalisation of Cannabis (Medicinal Purposes) Bill Paul Flynn, Labour 10 October 2017 Never debated at second reading. Fell.
Medical Cannabis (Access) Bill Jeff Smith, Labour 16 June 2021 Debated at second reading on 10 December 2021, ran out of time, never resumed. Fell.

Only the first was about legalisation in the sense most people mean. Its long title proposed amending the Misuse of Drugs Act 1971 to allow the lawful production, packaging, marketing, sale, purchase, possession and consumption of herbal cannabis in specific circumstances. That is a licensed market, written down. It got a first reading, which is a formality, and nothing else.

The other two were about medicine. Flynn's bill came a year before the government changed the rules on its own and allowed specialist doctors to prescribe cannabis-based products from November 2018, which we cover in medical cannabis in the UK. Smith's bill tried to fix what came after: a legal route that almost nobody on the NHS can actually use.

Why do these bills always go nowhere?

Because of how private members' bills work, more than anything about cannabis.

A backbench MP has two realistic routes. One is a ten-minute rule bill: a short speech in the Commons, a first reading, and then a place at the back of a queue for second reading time that almost never arrives. Lamb and Flynn both took versions of this route, and it is closer to a press release with parliamentary standing than a serious attempt at law. MPs use it to put an idea on the record.

The other is the ballot. At the start of each session twenty MPs are drawn, and their bills get first call on the handful of sitting Fridays set aside for private members' business. That is a real chance, and it is still a thin one. A Friday debate that has not finished by 2.30pm simply stops, and unless the bill comes back on a later Friday with time to spare, it is dead. Opponents do not need to win a vote. They only need to keep talking.

That is what happened to Jeff Smith's bill. It was debated for most of a Friday, and at 2.30pm the debate stood adjourned with an order to resume on 14 January 2022. It never came back for a vote before the session ended.

Without a government willing to give a bill its own time, the private members' route has never been a realistic way to pass something as large and contested as a legal cannabis market. Any serious legalisation bill will be a government bill, or it will be another entry in the table above.

Does the UK need a bill to legalise cannabis?

To legalise it, yes. To change its class, no, and that difference catches people out.

Section 2 of the 1971 Act lets the government move a drug between classes by order, approved by Parliament without a full bill. That is exactly how cannabis was reclassified twice. The 2003 order moved it to Class C from January 2004. The 2008 order moved it back to Class B in January 2009. Neither needed a bill, and neither made cannabis legal. Class C is still a controlled drug, possession is still an offence, and supply carries the same fourteen-year maximum.

A legal market is a different order of change. Somebody has to license growers and shops, set testing standards, decide a tax rate, police an age limit and decide what happens to people with old convictions. None of that exists in law today, and none of it can be created by moving a drug from one class to another. That needs primary legislation, which in practice means a government bill with a second reading, a committee stage and a vote in both Houses.

So the order to look for, if you are tracking this properly, is not a reclassification. It is a bill. We sketch what such a bill might contain in what legal weed could look like in the UK.

What about petitions to legalise cannabis?

They are the loudest part of this story and the least consequential.

A petition on Parliament's site gets a written government response at 10,000 signatures and is considered for a debate at 100,000. The biggest cannabis petition so far, "Make the production, sale and use of cannabis legal", opened in July 2015, collected 236,995 signatures and was debated by MPs on 12 October 2015. The government's written response was that there were no plans to legalise cannabis. In 2020 a petition to legalise it for adults aged 21 and over passed 15,000 signatures and got the same answer: no plans to legalise cannabis for recreational use.

A petition debate has no vote on the law and creates no bill. It tells you how much public pressure exists, which is worth knowing, and nothing about whether the law will change. Most recent cannabis petitions have closed well short of 10,000 signatures.

What would a real cannabis bill look like when one arrives?

You would know. It would come from a government, probably after a manifesto commitment or a formal review, and it would most likely be trailed in a King's Speech first. It would have a second reading date, a committee and amendments, and months of argument about tax, licensing and the age limit. Canada's Cannabis Act took about eighteen months from introduction to coming into force, with a governing party committed to it the whole way.

Nothing like that is happening in Westminster now. Neither of the two largest parties has put legalisation in a manifesto, and the government's answer to every petition so far has been the same answer. That is why nobody honest can give you a date. What you can do is watch for a UK cannabis bill, because when one comes it will be the clearest signal there is.

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