The European cannabis industry is preparing to descend on London for Cannabis Europa 2025, where the recommendations of this report will be a key topic of discussion by the world’s leading regulatory and cannabis experts.
Cannabis possession for personal use should ‘no longer be a criminal offence’, recommends a highly anticipated report led by Lord Charlie Falconer QC.
The London Drugs Commission, set up by London Mayor Sadiq Khan almost exactly three years ago, has published its final report on the state of UK drug policy, finding that ‘wholesale prohibition treats cannabis in a manner that is disproportionate to its harms’, particularly for ethnic minorities in the capital.
With the public backing from Khan, the 42 recommendations of the report have already sparked widespread debate throughout the media, at a time when the government is focused sharply on prison and sentencing reform following the publication of a similarly controversial report from former Justice Secretary David Gauke.
Recommendations from the latter have already been ‘accepted in principle’ by the government as the crisis in the UK’s prison systems reaches fever pitch.
While the timing may seem ideal for further reforms, which could help keep thousands of minor offenders out of the prison system, whether Kier Starmer’s administration will take Lord Falconer’s recommendations as seriously remains to be seen.
My statement on the independent London Drugs Commission report: pic.twitter.com/CxMHxRusnE
— Mayor of London, Sadiq Khan (@MayorofLondon) May 28, 2025
Cannabis in the UK
On May 12 2022, Khan officially announced the launch of the London Drugs Commission (LDC), a new entity led by Tony Blair’s former Secretary of State for Justice Lord Falconer.
The commission was set up to look specifically at the ‘effectiveness of our drugs laws and policy on cannabis’, with a focus on reducing harm in London’s ‘historically marginalised communities’.
Its final report, ‘The Cannabis Conundrum’, investigated the implications of the ‘non-medical’ use of cannabis in London, and the impact of the current laws on society and the legal system in continual crisis.
“The current law criminalises importation, exportation, production and supply of cannabis, with the possibility of severe associated punishments. It also criminalises cannabis possession and, in this, we find it not fit for purpose”, it states.
According to the latest figures from the Ministry of Justice, the number of individuals formally dealt with by the Criminal Justice System in England and Wales increased by 4% to 1.52m in 2024.
Within this context, out-of-court disposals (OOCDs), including sanctions for lower-level offences like cannabis possession, rose by 5%, with cannabis and khat warnings dropping sharply by 68%, while penalty notices for disorder (PNDs) declined by 44%. Despite this drop 37% of the 4,100 PNDs issued were specifically for possession of cannabis, meaning around 1,500 people received on-the-spot fines for this offence.
As of 31 December 2024, the number of prisoners with cannabis-related offences recorded as their main offence was 1,073, and the overall average annual cost for keeping an individual in a prison is £51,108 (totalling £55,094,424 a year)
Further data suggests that 1.0% of magistrates’ courts proceedings in the year to June 2024 (12,429 defendants) in England and Wales were for cannabis possession offences. The estimated sitting day cost to HMCTS for those cases is c. £1 million.
The report takes aim at the ‘severity of penalties’ for cannabis related offences, particularly for possession, which it states are ‘disproportionately high’.
“The severity of penalties for related offences, particularly possession, is, in our view, disproportionately high”.
More pointedly, it raises long-held concerns about the disproportionate impact on ethnic minorities and the misuse of ‘stop and search’ procedures.
“While more likely to be stopped and searched… black Londoners are no more likely to be found carrying the drug”, it suggested, adding that “cannabis policing, particularly via stop and search, continues to focus on particular groups with damaging, long-lasting consequences”.
Decriminalisation, not legalisation
From the outset, the report makes it clear that it is not advocating for the legalisation of cannabis, which it states is ‘not the panacea for the harms associated with prohibition’.
Studying markets with more liberal laws around cannabis, such as the US, Canada, Germany and Malta, the authors state that while ‘legalisation has not been calamitous’ it has not solved the issues of prohibition, and ‘does not eradicate the illicit market.
“The commercial model adopted in some jurisdictions has meant the replacement of ‘Big Tobacco’ by ‘Big Cannabis’”
Furthermore, they believe that the evidence ‘does not suggest [risks] are outweighed by benefits such as tax revenue rises… or reductions in pressures on criminal justice systems’.
However, it did note that these conclusions were partly due to a lack of ‘robust evidence’ which it said is ‘still in its infancy’.
The Commission, therefore, considers decriminalisation a pragmatic compromise between full prohibition and full legalisation, a stance they believe is supported by the public.
“Polling suggests a majority of the public do not support wholesale prohibition… nor do they wish to see lives ruined as a result of engagement with the criminal justice system for use of the drug”.
As such, the core recommendation of the report is the reclassification of cannabis, removing it from the Misuse of Drugs Act 1971 (MDA) to the Psychoactive Substances Act 2016 (PSA).
MDA to PSA
This reclassification would, in essence, decriminalise the possession of cannabis, while keeping other cannabis offences like distribution or cultivation still criminally punishable.
“Importation, exportation, production and distribution… remain illegal, but maximum sanctions are reduced (prison custody remains an option)”, it recommends, attempting to bring cannabis sentences in proportion to cannabis’s harm profile.
As such, police would also lose the ability to conduct a stop and search based solely on suspicion of possession of cannabis, which it hopes would ‘expose fewer people to S&S’, as ‘suspicion of cannabis possession alone will no longer be legitimate cause to deploy the power’.
Furthermore, this change would better protect people who use illicit cannabis for medical purposes, but cannot afford a private prescription.
“People who find the drug alleviates symptoms of ill health and who have a cannabis prescription are not at risk of such sanction. Those who rely on illegal cannabis to ease the same symptoms are, however, liable to be so – even where medical records evidence their ill health. This seems unjust: removing sanctions for possession of cannabis for personal use, irrespective of source, offers a solution.”
Should this core measure be introduced, the Commission also recommends retroactive protection for those with past cannabis possession convictions.
Mike Morgan-Giles, CEO of the Cannabis Industry Council, told Business of Cannabis: “It is beyond doubt that current system is disproportionately impacting ethnic minority communities and reform is badly needed.
“We contributed to the commission’s evidence base and will be studying the suite of recommendations closely before setting out our full position.”
Other key recommendations
Below is a summary of some of the other key recommendations in the report, many of which have long been called for and could have a major impact on the UK’s medical cannabis industry.
- R1 Improve data on cannabis use across ethnic groups via HO, ONS, MOPAC.
- R2 Commission a net benefit economic assessment of a legal cannabis market.
- R4 Introduce a drug testing service in London that includes cannabis.
- R7 Explore effective treatment methods specific to cannabis-related problems.
- R8 NICE should update guidance to reflect modern cannabis and its risks.
- R9 Explore use of prescription-grade cannabis in treating problems from non-medical use.
- R14 Add endocannabinoid system training to pharmacy education (GPhC syllabus).
- R16 Ban the smell of cannabis alone as grounds for stop and search (amend PACE Code A).
- R17 Improve national police data on drug stops, including drug type and suspect ethnicity.
- R22 Quarterly review of BWV footage from drug-related stops by independent bodies.
- R30 Remove natural cannabis from the MDA and classify it under the PSA.
- R31 Use local byelaws to restrict public cannabis consumption in shared spaces.
- R32 Make cannabis possession offences non-disclosable in criminal record checks.
- R33 Explore permitting limited home cultivation of cannabis, based on international evidence.
- R34 Fund research into the effectiveness of CBPMs for a wider range of conditions. Medical Cannabis
- R35 Review Canada’s approach to medical cannabis info & guidance and apply learnings in England.
- R36 Ensure all police forces understand laws regarding medical cannabis possession and prescription.
- R37 If evidence supports, assess training/costs of allowing NHS unlicensed CBPM prescribing.
Regarding the medical cannabis recommendations, Dr Simon Erridge, Head of Research at Curaleaf Clinic, said: “We know that being classified as a Class B drug hasn’t effectively reduced harm or changed access to cannabis. With so many people who are in need of cannabis to manage a diagnosed health condition still forced to rely on illicit methods of obtaining it, it’s critical we remove barriers to regulated, quality-tested medical products.
“With the right investment in research and policy, greater access to medical cannabis through the NHS is achievable. That’s why it’s vital that this momentum leads to real change, as quickly as possible, for the benefit of current and future medical cannabis patients.”
Jon Robson, CEO and founder of Mamedica, also commented: “I think there needs to be more effort made to understand the real issues here… Given that medical cannabis has been legal in the UK for over six years, I’m shocked that access and understanding around the medical benefits are still so limited.”
Dr Imogen Kretzschmar, Consultant Psychiatrist at Mamedica, continued: “Lord Falconer’s report notes that decriminalising personal cannabis possession would not only relieve pressure on the criminal justice system, but also support ‘fair access to medical cannabis, including addressing cost barriers and expanding research’.
Reaction from elsewhere has been varied, with a Home Office spokesperson stating: “’The government has no intention of reclassifying cannabis from a Class B substance under the Misuse of Drugs Act.”
