Europe: Despite British Marijuana Reclassification, No Jail for Low-Level Sellers

Last week, the British government announced it was returning marijuana to Class B drug status, signaling an end to the four-year experiment that saw the herb downgraded to a less serious Class C drug. That meant marijuana sellers could theoretically face up to 14 years in prison. Under guidelines issued Monday by the Sentencing Guidelines Council, however, it appears that many pot sellers will face no more than low-level sanctions.

For the first time in four years, the Sentencing Guidelines Council has promulgated a range of sentencing options for every offense that can be dealt with at a magistrate's court. Under the new guidelines, marijuana users who grow their own stash and occasionally provide marijuana to friends could be punished with only a fine or probation. Even those who supply larger amounts of marijuana or other drugs to share with a small circle of friends could receive probation, according to the guidelines.

For small-scale growing or sales of marijuana, the top end punishment in magistrate's court under the guidelines is 12 weeks in custody, but that sentence would be imposed only if there were aggravating factors. Commercial cultivation or large-scale sales offenses would be handled in the more serious Crown Court, where stiffer penalties are applied.

Opposition Conservatives were quick to pounce on the apparent contradiction between the government's announced hard line and the sentencing council's guidelines. "Once again we see mixed messages going out about drugs," said Tory justice affairs spokesman Nick Herbert in a Monday statement. "Just as the government finally admits that they got it wrong when they lowered the classification of cannabis, these guidelines would see most dealers receive weak and often poorly enforced community sentences."

But despite the posturing of the Tories, the sentencing council's guidelines seem in line with the recommendations of the government's Advisory Council on the Misuse of Drugs, which opposed the reclassification.