Facts. Jade, 24, is stopped in a park. An officer finds a small bag of cannabis in her coat. She says it's hers and she has never been in trouble before.
What the law says. Possession of a Class B drug (MDA s.5(2)). The maximum is 5 years. The sentencing starting point is a Band B fine, with a range from a discharge to 26 weeks' custody.[2]
| If… | Then the response typically… |
|---|---|
| First time, adult, admits, small amount for own use, no aggravation | Cannabis warning (no consent needed; cannabis confiscated)[13] |
| Already had a warning | PND (only one ever) |
| Already had a PND, or aggravating factors | Arrest or voluntary interview → caution or charge |
| Smoking openly near children, abusive, or more than a "minimal" amount | Ladder may be skipped → arrest |
| Split into deals, cash, messages | PWITS investigation (Scenario 10) |
Outcome and record. A cannabis warning is not a conviction, but it is recorded and could appear as police information on an enhanced DBS check.
Myth. "It's decriminalised now." It is not. The warning is a police resolution for a criminal offence.
Rights and help. Ask for the officer's name, station and grounds (GOWISELY) and a record of the search. If arrested, ask for the free duty solicitor. Release; FRANK (0300 123 6600).
