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Draft: these answers come from research checked on 16 October 2026 and have not yet been reviewed by a solicitor. Each answer shows how it was checked. This is general information, not legal advice.

Myths and basics

5 questions

  1. 01Is weed legal now? Someone said it's decriminalised.
  2. 02Is a small amount OK if it's just for me?
  3. 03Is Scotland more relaxed?
  4. 04Is 'spice' the same as cannabis?
  5. 05Can I go to prison just for having weed?

1.“Is weed legal now? Someone said it's decriminalised.”

No. Cannabis is Class B across the UK and possession is a crime.[1][42][54] Police often use warnings instead of court, but that is discretion, not a right, and it is still recorded.

Law:
MDA s.5(2), up to 5 years
Help:
FRANK; Release
Where:
All of the UK
Source:
legislation.gov.uk; Home Office factsheet
Checked against the named source on 16 Oct 2026

2.“Is a small amount OK if it's just for me?”

No amount is legal. A small amount is still possession; larger or bagged-up amounts can lead to an intent-to-supply charge.

Law:
MDA s.5(2), s.5(3)
Help:
Release; duty solicitor
Where:
All of the UK
Source:
MDA 1971
Checked against the named source on 16 Oct 2026

3.“Is Scotland more relaxed?”

Scottish police may give a Recorded Police Warning for simple possession, but the Lord Advocate said this "does not represent decriminalisation". It is optional for police and you, and never covers supply.[55][56]

Law:
Lord Advocate's statement, 22 September 2021
Help:
Release
Where:
Scotland
Source:
copfs.gov.uk
Checked against the named source on 16 Oct 2026

4.“Is 'spice' the same as cannabis?”

No. "Spice" means synthetic cannabinoids, which are different chemicals and often far more dangerous. If someone is unwell, call 999 or NHS 111.

Law:
MDA generic controls
Help:
FRANK; NHS 111
Where:
All of the UK
Source:
talktofrank.com
To be checked against the live source before final publication

5.“Can I go to prison just for having weed?”

Possible but rare. The maximum is 5 years, but the court starting point for Class B possession is a fine, with a range from discharge to 26 weeks' custody.[19]

Law:
Sentencing Council possession guideline
Help:
duty solicitor
Where:
England and Wales
Source:
sentencingcouncil.org.uk
Checked against the named source on 16 Oct 2026

General information, not legal advice. For your situation: a solicitor (free at the police station), Release or Citizens Advice.

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