Cannevi / Prohibition

Cannabis Prohibition in Jersey

  1. 1954 Dangerous Drugs (Jersey) Law
    The drafting of the Projet de Loi sur les Drogues Dangereuses 193- was never completed according to correspondence and papers in the Jersey Archive. The 1954 law is therefore the earliest known reference to the illegalisation of cannabis in Jersey, which repealed Loi (1923) sur les Drogues Dangereuses:
    • Article 4 : Drugs to which Part I Applies -
      1. The drugs to which this Part of this Law applies are raw opium, coca leaves, Indian hemp, and resins obtained from Indian hemp and all preparations of which such resins form the base.
      2. In this Article -
        1. "Indian hemp" means the dried flowering or fruiting tops of the pistillate plant known as cannabis sativa from which the resin has not been extracted, by whatever name such tops are called.
    • Article 10 : Drugs to which Part III Applies -
      1. Subject to the following provisions of this Article, and to the provisions of Part IV of this Law, the drugs to which this Part of this Law applies are –
        1. any extract or tincture of Indian hemp
  2. 1965 Dangerous Drugs (Amendment) (Jersey) Law
    "A law to amend the Dangerous Drugs (Jersey) Law, 1954, to create certain offences in connexion with the drug known as cannabis, to penalize the intentional cultivation of any plant of the genus cannabis and for purposes connected therewith."
  3. 1966 Dangerous Drugs (General Provisions) (Jersey) Order
    General authority for authorized sellers of poisons to manufacture preparations and retail drugs and preparations:
    • Article 12 : An authorized seller of poisons shall be authorized –
      1. in the ordinary course of his retail business to manufacture at any premises registered by him under Article 13 of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 –
        1. any extract or tincture of cannabis
  4. 1968 Poisons (General Provisions) (Jersey) Order
    • Schedule 1 : Cannabis; the resin of cannabis, extracts of cannabis; tinctures of cannabis; cannabin tannate.
  5. 1977 UN Single Convention on Narcotic Drugs
    Ratified by the UK in 1964 and extended to Jersey in 1977.
  6. 1978 Protocol amending the Single Convention on Narcotic Drugs
    Ratified by the UK and extended to Jersey in 1978.
  7. 1978 Misuse of Drugs (Jersey) Law
    Repealed Dangerous Drugs (Jersey) Law 1954:
    • Class A : Cannabinol, except where contained in cannabis or cannabis resin; Cannabinol derivatives.
      "cannabinol derivatives" means the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives;
    • Class B : Cannabis and cannabis resin.
      "cannabis" (except in the expression "cannabis resin") means any plant of the genus Cannabis or any part of any such plant, but does not include cannabis resin or any of the following products after separation from the rest of the plant, namely –
      1. mature stalk of any such plant;
      2. fibre produced from mature stalk of any such plant; and
      3. seed of any such plant;
      "cannabis resin" means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;
  8. 1980 Misuse of Drugs (General Provisions) (Jersey) (Order)
    Cultivation under licence of cannabis plant:
    • Article 10 : Where any person is authorised by a licence of the Committee issued under this Article and for the time being in force to cultivate plants of the genus Cannabis, it shall not be unlawful for that person to cultivate any such plant in accordance with the terms of the licence and in compliance with any conditions attached thereto.
  9. 1986 Poisons List (Jersey) Order
    • Schedule 1 : Cannabinol and its tetrahydro derivatives, prepared wholly or partly by synthesis; their 3-alkyl homologues; any esters or ether of any substance falling within this item; Cannabis (the dried flowering or fruiting tops of Cannabis Sativa Linn); the resin of cannabis; extracts of cannabis; tinctures of cannabis; cannabin tannate.
  10. 1997 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances
    Ratified by the UK in 1991 and extended to Jersey in 1997.
  11. 1998 Attorney General Directive 1/98
    A Directive on personal amounts of Class B and C controlled drugs which might be dealt with by the Parish Hall Enquiry by means of a written caution instead of prosecution, specifying that this arrangement be applicable only to first offenders, for small personal amounts and is conditional upon attendance at the Drugs Awareness Course.
  12. 2003 UN Convention on Psychotropic Substances
    Ratified by the UK in 1986 and extended to Jersey in 2003.
  13. 2007 Open General Licence for Import or Export of Controlled Drugs
    In pursuance of Articles 4(2)(b), and 26 of the Misuse of Drugs (Jersey) Law 1978 the Minister for Health and Social Services hereby licences, with effect from 1st August 2007, and subject to the terms and conditions specified, the importation and exportation of controlled drugs.
  14. 2009 Misuse of Drugs (General Provisions) (Jersey) Order
    • Article 10 : Cultivation of cannabis plant under licence
      1. A person may be authorized by a licence issued by the Minister under this Article to cultivate plants of the genus Cannabis.
      2. If a person is so authorized, it is not unlawful for the person to cultivate the plant –
        1. in accordance with the terms of the licence; and
        2. in compliance with any conditions attached to the licence.
    • Schedule 1 : Cannabis and cannabis resin.
  15. 2015 Attorney General Directive 1/2015
    "Having consulted with interested parties I believe that it is in the public interest for certain cases of possession of controlled drugs to be dealt with by way of written caution at Parish Hall level rather than by prosecution."
  16. 2016 Misuse of Drugs (Miscellaneous Amendments) (No. 6) (Jersey) Order
    Sativex exception:
    • Paragraph 4 : A liquid formulation –
      1. containing a botanical extract of cannabis –
        1. with a concentration of not more than 30 milligrams of cannabidiol per millilitre, and not more than 30 milligrams of delta-9-tetrahydrocannabinol per millilitre, and
        2. where the ratio of cannabidiol to delta-9-tetrahydrocannabinol is between 0.7 and 1.3;
      2. which is dispensed through a metered dose pump as a mucosal mouth spray; and
      3. which was approved for marketing by the Medicines and Healthcare Products Regulatory Agency of the United Kingdom on 16th June 2010.
  17. 2018 Misuse of Drugs (Jersey) Law 1978 Amendment: Law Drafting Instructions - Cannabis Based Products
    The Minister is requested to consider reclassifying Bedrocan and Tilray cannabis based products under the provisions of the Misuse of Drugs (Jersey) Law 1978.
  18. 2018 Misuse of Drugs (Miscellaneous Amendments) (No. 7) (Jersey) Order
    Medicinal cannabis exception:
    • Paragraph 5 : A controlled drug (not falling within paragraph 4) that –
      1. is –
        1. cannabinol,
        2. a cannabinol derivative, other than dronabinol or a stereoisomer of dronabinol,
        3. cannabis, or
        4. cannabis resin; and
      2. constitutes or is contained in a medicinal product, as defined by Article 2 of the Medicines (Jersey) Law 1995[3], that is manufactured –
        1. in compliance with the principles and guidelines of good manufacturing practice laid down by Commission Directive 2003/94/EC of 8 October 2003 laying down the principles and guidelines of good manufacturing practice in respect of medicinal products for human use and investigational medicinal products for human use (OJ L 262, 14.10.2003, p. 22) as amended[4] from time to time, and
        2. by a manufacturer who holds a certificate of good manufacturing practice issued under Article 111(5) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67) as amended[5] from time to time.
    • Article 20A : Prohibition of smoking of medicinal products related to cannabis
      1. This Article applies to a controlled drug or medicinal product that is a Schedule 2 drug by virtue of paragraph 10 of that Schedule.
      2. A person must not take the controlled drug or medicinal product by smoking it, or administer it by the smoking of it.
      3. Nothing in this Article is to be read as limiting Article 11(c) of the Law.
  19. 2019 Attorney General Directive 1/2019
    "A Centenier may consider dealing with a person by way of a second written caution for a second offence of possession of controlled drugs."
  20. 2019 Misuse of Drugs (Miscellaneous Amendments) (No. 8) (Jersey) Order
    Exception of up to 3% THC by weight of CBD:
    • Paragraph 5 : The prohibition on importation in Article 4(1) of the Law, as well as Articles 5 and 8(1) of the Law, do not have effect in respect of cannabinol or cannabinol derivatives found in a preparation of cannabidiol, provided that –
      1. the combined weight of cannabinol and cannabinol derivatives contained in the preparation is not more than 3% of the weight of cannabidiol contained in the preparation;
      2. a certificate of analysis, attesting that the preparation meets the criterion set out in sub-paragraph (a), has been issued –
        1. by the Official Analyst appointed under Article 2 of the Food Safety (Jersey) Law 1966[4], or
        2. in compliance with any applicable legislation in the jurisdiction in which the preparation was analysed, if it was not analysed in Jersey;
      3. the preparation contains no controlled drug other than cannabinol, cannabinol derivatives or a combination of them;
      4. the preparation contains no plant material that is visible, without magnification or other enhancement, to an individual with unimpaired vision; and
      5. the preparation’s package or container sets out, in legible form, a complete list of the preparation’s ingredients.
  21. 2019 Poisons (Removal of Cannabis from List) (Jersey) Order
    "The poisons list contains outdated references to cannabis and cannabinol derivatives which need to be removed."
  22. 2020 Rehabilitation of Offenders (Exceptions) (Amentment No. 2) (Jersey) Regulations
    Enhanced DBS checks on persons applying for licences:
    • Article 13A : Licensing of controlled drugs
      1. This Regulation applies with respect to –
        1. a licence issued under Article 3 of the Misuse of Drugs (General Provisions) (Jersey) Order 2009 to produce, supply, offer to supply or possess a controlled drug; and
        2. a licence issued under Article 10 of that Order to cultivate plants of the genus Cannabis.
  23. 2020 Open General Licence for Import or Export of Controlled Drugs
    The Misuse of Drugs Advisory Council concluded that it would be reasonable to amend the current OGL to bring it in line with the UK equivalent whereby up to 3 months' supply of medicines can be imported and exported in an individual's possession without the requirement to obtain an individual licence.
  24. 2020 Misuse of Drugs (Licence Fees) (Jersey) Order
    Under the provisions of Article 26 of the Misuse of Drugs (Jersey) Law 1978 the Minister has the power to prescribe what fees might be payable in relation to the grant of any licence under any provisions of the Law.
  25. 2021 Finance (2021 Budget) (Jersey) Law
    Power to make Regulations relating to companies in the cannabis industry.
  26. 2021 Proceeds of Crime (Amendment of Law) (No. 2) (Jersey) Regulations
    The Regulations amend the definition of criminal conduct in the 1999 Law to provide that the production, supply, use, export or import of cannabis or any of its derivatives is no longer considered criminal conduct provided that:
    1. it is lawful where and when it occurs; and
    2. it occurs in a jurisdiction outside of Jersey that the Minister for External Relations and Financial Services may specify by order
  27. 2021 Proceeds of Crime (Cannabis Exemption - List of Jurisdictions) (Jersey) Order
    The jurisdictions specified for the purposes of paragraph (b)(ii) of the definition of “criminal conduct” in Article 1(1) of the Proceeds of Crime (Jersey) Law 1999:
    • Australia
    • Austria
    • Belgium
    • Canada
    • Cyprus
    • Czech Republic
    • Denmark
    • Estonia
    • Finland
    • France
    • Germany
    • Greece
    • Guernsey
    • Ireland
    • Isle of Man
    • Israel
    • Italy
    • Lithuania
    • Luxembourg
    • Netherlands
    • New Zealand
    • Norway
    • Poland
    • Portugal
    • Romania
    • Slovenia
    • South Africa
    • Spain
    • Sweden
    • Switzerland
    • United Kingdom
    • United States of America
  28. 2021 Income Tax (Amendment of Law - Taxation of Cannabis Companies) (Jersey) Regulations
    Definition of a cannabis company and applicable tax rate:
    • Article 123C Tax rate for companies
      1. After Article 123C(1)(b)(iii) there is inserted –
        1. a company in the cannabis industry (as defined in Article 123DA).
    • Article 123DA Companies in the cannabis industry
      1. A company is in the cannabis industry for the purpose of Article 123C(1)(b)(iv) if it carries on one or more of the following activities –
        1. cultivates cannabis plants;
        2. processes cannabis plants for any purpose;
        3. distributes, sells or further processes cannabis plants that have been cultivated or processed under paragraph (a) or (b) by a connected company.
      2. In this Article –
        "cannabis plant" –
        1. has the meaning given to cannabis by Article 1(1) of the Misuse of Drugs (Jersey) Law 1978; but
        2. does not include industrial hemp;
        "industrial hemp" means a cannabis plant with a tetrahydrocannabinol content not exceeding 0.2%, cultivated for the purpose of using only –
        1. the mature stalk of the plant;
        2. fibre produced from the mature stalk of the plant; or
        3. the seed of the plant.
  29. 2021 Misuse of Drugs (Miscellaneous Amendments) (No. 9) (Jersey) Order
    Amendments relating to the provision of medicinal cannabis:
    1. Removal of cannabis and related substances from the Misuse of Drugs (Designation) (Jersey) Order 1989
    2. Amendment to the definition of cannabis-based product for medicinal use:
      1. A cannabis based product for medicinal use in humans, being a preparation or other product which –
        1. is or contains cannabis, cannabis resin, cannabinol or a cannabinol derivative (not being dronabinol or its stereoisomers);
        2. is produced for medicinal use in humans; and
        3. is –
          1. a medicinal product which is manufactured in compliance with Commission Directive 2003/94/EC of 8 October 2003 laying down the principles and guidelines of good manufacturing practice in respect of medicinal products for human use and investigational medicinal products for human use (OJ L 262, 14.10.2003, p. 22), as amended, substituted, extended or applied from time to time by any other EU provision, or as that Regulation otherwise has effect in the EU from time to time by virtue of any judgment of the European Court, or
          2. a substance or preparation for use as an ingredient in, or in the production of an ingredient of, a medicinal product which is manufactured in compliance with that Directive.
    3. Non-Medical prescribing of controlled drugs
    4. Provisions as to supply on prescription
  30. 2022 Attorney General's Supplemental Direction and Guidance - Personal Amounts of Certain Controlled Drugs
    "This Direction and Guidance is issued by the Attorney General to Centeniers dealing with cases of the possession of controlled drugs at the Parish Hall. It consolidates Attorney General's Directives 1/2015 and 1/2019."