Social
or Commercial Supply? The
courts draw a distinction between commercial supply
and social supply [Bennett 1981] - ie selling or giving
away cannabis (or other drugs) to friends and acquaintances
for little or no profit, rather than on the street.
In many cases a guilty plea is bargained on the basis
of commercial supply, whereas if the case goes to trial
the prosecution run a "commercial supply" case. However,
custodial sentences [e.g. 12 months in Smith 1980, 6
months in Daudi 1982] or large fines may be expected.
In all, over 45% of all people convicted in 1997 of
possession of cannabis with intent were imprisoned.
Simple
possession cases rarely reach the appeal courts,
although persistent "offenders" may be gaoled [Osbourne
1982, Jones 1981, Robertson-Coupar 1982].
Approximately
59% of individuals (45362 of 77943) arrested for simple
possession were cautioned in 1997, 17644 (23%) were
fined, 4917 (6%) discharged (absolute or conditional)
and 2417 (3%) were imprisoned. Simple possession of
cannabis has normally accounted for between 80% and
90% of all drug convictions since the Misuse of Drugs
Act was introduced in 1971, although the seizure rate
for cannabis (77%) was the lowest since then. For those
proceeded against for cannabis possession, fines are
generally the norm, the average fine in 1997 being £95,
mostly in the range of £20 to £200, depending
on the amount seized and the other circumstances of
the case.
Cannabis
Cultivation, known as unlawful production rarely
involves imprisonment, although "commercial" growers
will normally face a stretch. A bedroom may be deemed
a commercial arrangement, and the authorities take a
dim view of hydroponics and "skunk". A roomful of plants
under a couple of lights may well attract a sentence
of 1 to 2 years, or a four figure fine. Potential yields
and prices are frequently exaggerated to make the system
appear to be on a commercial scale. A couple of plants
on a windowsill might attract a caution, conditional
discharge or small fine.
Immediate
Custody: In all, 5196 people were imprisoned for
cannabis offences (6%) - the lowest rate of imprisonment
for any major drug - and a further 292 received suspended
sentences. Rates of imprisonment were higher for Class
A drugs (crack 36%, cocaine 34%, LSD 28%, ecstasy &
heroin 27%), and were also higher for the other main
class B drug - amphetamine (16%).
The average
length of prison sentence increased slightly to 22.9
months. However, much higher rates of imprisonment and
lengths of sentence were imposed in 1997 for drug trafficking
offences (overall 30.5 months) - including unlawful
supply (29.5 months), possession with intent (23.3 months),
import/export (66.6 months) and production (14.1 months)
- compared to simple possession (3.6 months).
The sentencing
differential also showed major differences between lengths
of prison sentences for different drugs. The shortest
average sentences were for anabolic steroids (one case
- 9 months), followed by amphetamines (11.7 months),
and cannabis (14.5 months). The longest average sentences
were for cocaine (54.2 months), crack (32.7 months),
ecstasy (31.8 months), and heroin (27.8 months). The
shorter amphetamine sentences compared to cannabis may
be explained by virtue of the fact that a much higher
proportion of amphetamine users were imprisoned in the
first place, presumably a proportion of these would
be jailed for relatively minor offences, where the courts
would impose a short prison term, whereas for cannabis
fewer users are imprisoned, presumably for more serious
offences, with less inclination on the part of the courts
to impose "short sharp" sentences where alternatives
to custody are available.
