You can now smoke weed in London and not get arrested

Police will let most cannabis users off with verbal warning

Police should no longer arrest the majority of people found in possession of small amounts of cannabis for personal use, according to new guidelines issued yesterday by the Association of Chief Police Officers.

Instead, offenders should receive a verbal warning on the street after giving their details and admitting possession of the drug, which would then be confiscated. Such a warning will not constitute a criminal record.

However, the power of arrest for cannabis possession will remain. Officers can use their discretion to arrest if: the drug is consumed in public; the person is a repeat user; the possession is deemed to create public order difficulties, or cause a "locally identified policing problem"; or it is found around young people in places such as schools or youth clubs.

Those arrested may still face prosecution or conviction, or a formal caution, both of which leave a criminal record.

People under 18 found in possession of cannabis will receive a formal warning at a police station. Under-tens caught with the drug will be considered "at risk".

The Government has decided to re-classify cannabis from a Class B drug to a Class C substance to reduce the police time spent on arresting or formally cautioning people found in possession. The aim is to focus on Class A hard drugs such as heroin and cocaine.

David Blunkett, the Home Secretary, stressed that cannabis "will not be legalised or decriminalised".

Under existing law, police can arrest for Class B drug possession, but not for possession of Class C substances.

However, police did not want to lose the power of arrest in relation to cannabis. Therefore, as well as ordering the downgrading of cannabis, the Home Office has introduced a measure into the Criminal Justice Bill to retain the power of arrest. Both measures are scheduled to come into law next January, when ACPO will activate its guidelines.

Andy Hayman, the chairman of the ACPO drugs sub-committee and Chief Constable of Norfolk, said: "In the spirit of the Home Secretary's decision to reclassify cannabis, the new guidance recommends that there should be a presumption against arrest.

"In practice, this means that in the majority of cases officers will issue a warning and confiscate the drug. Police officers will be expected to use their discretion.

"The reclassification of cannabis will allow police to focus more time and resources on Class A drugs. That said, despite reclassification, it remains illegal to possess cannabis."

The guidelines do not specify the quantity of cannabis defined as for simple personal possession, as this could encourage dealers to carry around only amounts smaller than the prescribed limit. Police would also face difficulties in judging amounts.

ACPO advises that street interviews "should be short but sufficient to prove the offence or identify a defence. This could be as little as two questions, such as 'What is this?' and 'Whose is it?'. This should be recorded contemporaneously in an officer's pocketbook.

"This would reduce paperwork and bureaucracy for patrol officers."

Incidents of possession dealt with by warnings will still be recorded as "cleared up" crimes.