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Band Members:UK GOVERNMENT THINKS WE R CRIMINALSCannabis - now a Class B drug, again.Monday, 26 January 2009Cannabis has become a Class B drug again, almost exactly 5 years to the day since it was downgraded to Class C. Whilst the penalties for a trafficking offence will not change (14 years maximum), the penalty for possession will increase to a maximum of 5 years imprisonment. However, in practice the maximum imprisonment period for possession - 3 months - will not change if such cases continue to be dealt with by the Magistrates Courts (which is the case for most possession proceedings). Fines will increase from a maximum of £1000 to £2500.The Home Office have also laid a statutory instrument (SI) before Parliament which would allow the police to impose an £80 Penalty Notice for Disorder (PND). Currently, this SI has been passed by the Commons and we are awaiting the Lords decision – they are scheduled to debate the SI today (Monday 26th) and if passed (and there is no reason to believe it will not be) the Home Office expect PNDs to be available for cannabis possession by Wednesday 28 January.The Association of Chief Police Officers (ACPO) advised that revised guidance will be made available if PNDs come into force. The revised guidance will give police officers discretion to issue cannabis warnings in instances where a person has been caught in possession of cannabis for the first time (this is the same as before); on a second occasion they will receive a PND (if they pay within the prescribed 21 days there will be no criminal record); on any subsequent occasion the individual should be arrested. This is guidance only and may vary amongst Police Forces.As before the guidance will only apply to adults and it is expected that the exceptions which previously applied, such as where the offence takes place near a school, will continue to apply.The reclassification applies to all forms of cannabis, including skunk.
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