Licensing (Cannabis) Bill

House of Commons

Session 1999-2000
Internet Publications
Other Bills before Parliament

Licensing (Cannabis) Bill

This is the text of the Licensing (Cannabis) Bill, as presented to the House of Commons on 13 April 2000.

Licensing (Cannabis) Bill

ARRANGEMENT OF CLAUSES

Clause

1. Rescheduling of cannabis and cannabis resin.

2. License to supply etc cannabis.

3. Consequential amendments.

4. Expenses.

5. Short title, commencement and extent.

A
B I L L

TO
Allow the supply and consumption of cannabis and cannabis resin on licensed premises.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Rescheduling of cannabis and cannabis resin.     1. - (1) The Misuse of Drugs Act 1971 is amended in accordance with subsections (2) and (3) below.

    (2) In section 2 (controlled drugs and their classification for the purposes of this Act)-

(a) in paragraph (a) of subsection (1) for the words "Part I, II or III" substitute the words "Part I, II, III or IIIA";

(b) for paragraph (b) of subsection (1), substitute-

"(b) the expressions "Class A drug", "Class B drug", "Class C drug" and "Class D drug" mean any of the substances and products for the time being specified respectively in Part I, Part II, Part III and Part IIIA of that Schedule;".

    (3) In Schedule 2 (controlled drugs)-

(a) in paragraph 1(a) of Part II omit the words "Cannabis and cannabis resin.";

(b) after paragraph 4 of Part III insert-

"PART IIIA

CLASS D DRUGS

1. The following substances, namely:-

Cannabis.

Cannabis resin.

2. Any preparation or other product containing a substance for the time being specified in paragraph 1 above.".

    (4) In paragraph 1(a) of Schedule 1 to the Misuse of Drugs Regulations 1985 omit the words "Cannabis and cannabis resin".

License to supply etc cannabis.     2. After section 7 of the Misuse of Drugs Act 1971 insert-

"Licence to supply etc cannabis.     7A. - (1) The appropriate authority may grant a licence for the sale of Class D drugs.

    (2) A licence-

(a) shall be in the name of a person;

(b) shall be granted for named premises;

(c) shall be in such form as the appropriate authority may prescribe.

    (3) Subject to subsection (5), the appropriate authority may grant a licence to any such person as it thinks fit and proper in accordance with such procedures as may be prescribed.

    (4) The appropriate authority may remove a licence in accordance with such procedures as may be prescribed.

    (5) A licence granted under this section shall expire four years after the date on which this section comes into force; and no licence shall be granted after that date.

    (6) The appropriate authority may by order repeal or amend subsection (5).

    (7) In this section-

"appropriate authority" means-

(a) as respects England, the Secretary of State,

(b) as respects Wales, the National Assembly for Wales;

"licence" means a licence authorising the sale by retail of Class D drugs for consumption on the premises for which the licence is granted;

"prescribed" means prescribed in regulations made for that purpose by the appropriate authority;

"to grant" includes to renew.

    (8) The power to make regulations or an order under this section shall be exercisable by statutory instrument; and any such instrument made by the Secretary of State shall be subject to annulment by resolution of either House of Parliament.".

Consequential amendments.     3. - (1) The Misuse of Drugs Act 1971 is amended as follows.

    (2) In section 3 (restriction of importation and exportation of controlled drugs) after paragraph (b) of subsection (2) insert "; or

(c) to the importation of a Class D drug for sale in accordance with the terms of a licence issued under section 7A of this Act.".

    (3) In section 4 (restriction of production and supply of controlled drugs) in subsection (1) after the word "force," insert the words "or to the terms of any licence issued under section 7A of this Act,".

    (4) In section 5 (restriction of possession of controlled drugs) in subsection (1) after the word "force," insert the words "or to the terms of any licence issued under section 7A of this Act,".

    (5) In section 6 (restrictions of cultivation of cannabis plant) in subsection (1) after the word "force," insert the words "or to the terms of any licence issued under section 7A of this Act,".

    (6) In section 7 (occupiers etc of premises to be punishable for permitting certain activities to take place there) omit paragraph (d) and substitute-

"(d) smoking prepared opium;

(e) smoking cannabis or cannabis resin other than in accordance with the terms of a licence issued under section 7A of this Act.".

    (7) In section 18 (miscellaneous offences) in subsection (2) after the words "section 3" insert "or 7A".

    (8) In section 25 (prosecution and punishment of offences) after subsection (2) insert-

    "(2A) An offence committed in relation to a Class D drug shall be punishable as if it had been committed in relation to a Class C drug.".

Expenses.     4. There shall be paid out of money provided by Parliament-

(a) any expenses of the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums payable under any other Act.

Short title, commencement and extent.     5. - (1) This Act may be cited as the Licensing (Cannabis) Act 2000.

    (2) This Act shall come into force three months after it is passed.

    (3) This Act extends to England and Wales only.

© Parliamentary copyright 2000
Prepared 8 May 2000