Cannevi / Prohibition

Cannabis Prohibition in Jersey

Beginnings of Prohibition

Jersey's first illicit drugs law was the Loi (1923) sur les Drogues Dangereuses, which was primarily concerned with opium and cocaine. It was passed by the States Assembly on the 1st October 1923 and confirmed by Order of His Majesty in Council on the 19th December of the same year. [1]

The adoption of the Loi (1923) sur les Drogues Dangereuses was likely a consequence of the enactment of the Dangerous Drugs Act 1920 in the UK and the requirement to comply with international conventions. Following the ratification of the League of Nations International Opium Convention in Parliament, the subsequent Dangerous Drugs Act 1925 introduced the prohibition of the importation of cannabis, with possession of cannabis becoming illegal in the Amendment to the Dangerous Drugs Act 1928. The cultivation of cannabis was criminalised in the Dangerous Drugs Act 1964. [2]

Research indicates that Jersey did not amend or revise drugs legislation until after the Occupation. Neither the Orders in Council listed on the Jersey Law website or the Recueil des Lois in the Jersey Archive include any reference to an amendment of the Loi (1923) sur les Drogues Dangereuses prior to the introduction of the Dangerous Drugs (Jersey) Law 1954.

A folder of files from the Law Officers' Department in the Jersey Archive includes a draft of the Projet de Loi sur les Drogues Dangereuses 193- from circa 1934, which was never completed. Correspondence in the same file between the States of Jersey and the UK Home Office emphasise the need for Jersey to conform with League of Nations drug treaties and discuss the law drafting issues that were causing delays.

A letter from the Home Office dated the 30th January 1939 noted the need for action "in relation to dangerous drugs, the legislation relating to which, Loi (1923) sur les Drogues Dangereuses, is much out of date."

Jersey's drug laws remained out of date for quite some time. Guernsey introduced the prohibition of the import, supply and possession of cannabis in the Loi ayant rapport à l'Importation, l'Exportation, la Manufacture, la Vente et l'Emploi d'Opium et d'antres Drogues Dangereuses dans les Iles du Bailliage (1934). It wasn't until the enactment of the Dangerous Drugs (General Provisions) (Jersey) Order 1966 that Jersey would have comparable legislation.

Cannabis Legislation Timeline

  1. 1954 : Prohibition of the import/export of cannabis and cannabis resin, and extracts and tinctures of cannabis except under licence.
  2. 1965 : Prohibition of the cultivation of cannabis except under licence, and of permitting the smoking of cannabis on one's premises.
  3. 1966 : Prohibition of the possession, procurement and supply of cannabis (other than extracts or tinctures) except under licence.
  4. 1968 : Classification of cannabis as a Schedule 1 poison.
  5. 1971 : Prohibition of the unauthorised possession of cannabinol and cannabinol derivatives.
  6. 1972 : Introduction of penalties for the importation of cannabinol and cannabinol derivatives without a licence.
  7. 1977 : Ratification of the UN Single Convention on Narcotic Drugs.
  8. 1978 : Ratification of the Protocol amending the UN Single Convention on Narcotic Drugs.
  9. 1978 : Classification of cannabinol and cannabinol derivatives as Class A drugs and of cannabis and cannabis resin as Class B drugs, and the prohibition of the intent to supply cannabis as well as the possession of utensils for the purposes of committing an offence.
  10. 1980 : Prohibition of practitioners and pharmacists from prescribing cannabis except under licence, and the prohibition of all other activities except for research or other special purposes.
  11. 1980 : Classification of cannabis as a Schedule 4 drug (then being the strictest category).
  12. 1989 : Re-classification of cannabis as a Schedule 1 drug (thereafter being the strictest category).
  13. 1992 : Classification of dronabinol (pure THC) as a Schedule 2 drug.
  14. 1994 : Classification of the synthetic cannabinoid nabilone as a Schedule 1 poison.
  15. 1997 : Ratification of the UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
  16. 1997 : Designation of the synthetic cannabinoid nabilone as a Schedule 1 prescription only medicine.
  17. 1998 : Provision of a written caution at Parish Hall Enquiry for the first offence of the possession of up to 7g of cannabis, conditional upon attendance at a Drug Awareness Course.
  18. 2003 : Ratification of the UN Convention on Psychotropic Substances.
  19. 2009 : Prohibition of specified synthetic cannabinoids.
  20. 2012 : Classification of the synthetic cannabinoid nabilone as a Class B, Schedule 2 drug.
  21. 2013 : Classification and scheduling of specified synthetic cannabinoids.
  22. 2013 : Classification and scheduling of specified synthetic cannabinoids.
  23. 2014 : Classification and scheduling of specified synthetic cannabinoids.
  24. 2015 : Provision of a written caution at Parish Hall Enquiry for the first offence of the possession of up to 15g of herbal cannabis or cannabis resin.
  25. 2016 : Classification of Sativex as a Schedule 4 drug, and the classification and scheduling of specified synthetic cannabinoids.
  26. 2018 : Classification of prescribed cannabis as a Schedule 2 drug, removal of the requirement for practitioners and pharmacists to obtain a specific licence to prescribe medicinal cannabis, and the prohibition of the smoking of medicinal cannabis.
  27. 2019 : Provision of a written caution at Parish Hall Enquiry for the second offence of the possession of up to 15g of herbal cannabis or cannabis resin.
  28. 2019 : Permission of up to 3% cannabinol and cannabinol derivatives by weight of CBD in CBD products.
  29. 2019 : Removal of cannabis from the Poisons List.
  30. 2020 : Introduction of licence fees for the cultivation of cannabis.
  31. 2021 : Amendment to the Proceeds of Crime Law in relation to cannabis activities in approved jurisdictions.
  32. 2021 : Introduction of 20% income tax rate for cannabis companies.
  33. 2021 : Removal of the designation of cannabis activities as being wholly unlawful.
  34. 2022 : Provision for the possession of cannabis oil contained in confectionery to be considered by the Attorney General on a case-by-case basis at Parish Hall Enquiry.
  35. 2024 : Introduction of a level 1 fine at Parish Hall Enquiry for the possession of herbal cannabis or cannabis resin.
  36. 2024 : Provision of a level 1 fine at Parish Hall Enquiry for the third offence of the possession of up to 15g of herbal cannabis or cannabis resin.

Cannabis in Jersey Law

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  1. 1954 Dangerous Drugs (Jersey) Law
    The Dangerous Drugs (Jersey) Law 1954 repealed the Loi (1923) sur les Drogues Dangereuses and introduced restrictions on the import and export of cannabis and extracts and tinctures of cannabis without a licence. Part I - Raw opium, coca leaves, Indian hemp, etc.:
    • Article 1 : Restriction on importation of drugs to which Part I applies -
      • If any person imports or brings into the Island a drug to which this Part of this Law applies except under a licence granted by the Committee and at the Port of Saint Helier or Saint Peter’s Airport, he shall be guilty of an offence against this Law.
    • Article 2 : Restriction on exportation of drugs to which Part I applies -
      1. If any person exports from the Island a drug to which this Part of this Law applies except under a licence granted by the Committee and from the Port of Saint Helier or Saint Peter’s Airport, he shall be guilty of an offence against this Law.
      2. If at any time the importation into a foreign country of a drug to which this Part of this Law applies is prohibited or restricted by the laws of that country, there shall, while that prohibition or restriction is in force, be attached to every licence which is issued by the Committee under this Law, authorizing the export of that drug from the Island such conditions as appear to the Committee to be necessary for preventing or restricting, as the case may be, the exportation of that drug from the Island to that country during such time as the importation of that drug into that country is so prohibited or restricted, and any such licences issued before the prohibition or restriction came into force shall, if the Committee by order so directs, be deemed to be subject to the like conditions.
    • Article 3 : Power to control production, sale, etc., of drugs to which Part I applies -
      • The Committee may by order provide for controlling or restricting the production, possession, sale and distribution of drugs to which this Part of this Law applies, and in particular, but without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale or distribution of any such drug except by persons licensed or otherwise authorized in that behalf by the Committee.
    • 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.

    Part III - Medicinal opium, cocaine, morphine, etc.:
    • Article 8 : Restriction on importation and exportation of drugs to which Part III applies -
      • If any person imports or brings into, or exports from, the Island, a drug to which this Part of this Law applies except under a licence granted by the Committee, he shall be guilty of an offence against this Law.
    • Article 9 : Power to control manufacture, sale, etc. of drugs to which Part III applies
    • 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 prohibit permitting the smoking of cannabis on a person's premises. Amendments of principal Law:
    • Article 2 : Drugs to which Part I applies –
      • In Article 4 of the principal Law (relating to drugs to which Part I of that Law applies) –
        1. in paragraph (1) for the words "Indian hemp, and resins obtained from Indian hemp and all preparations of which such resins form the base" there shall be substituted the words "poppy-straw, cannabis, cannabis resin and all preparations of which cannabis resin forms the base";
        2. sub-paragraph (d) of paragraph (2) shall be repealed.

    New offences concerning cannabis and the cannabis plant:
    • Article 7 : Occupier of premises –
      • If a person –
        1. being the occupier of any premises, permits those premises to be used for the purpose of smoking cannabis or cannabis resin or of dealing in cannabis or cannabis resin (whether by sale or otherwise); or
        2. is concerned in the management of any premises used for any such purpose as aforesaid;
        he shall be guilty of an offence against the principal Law.
    • Article 8 : Cultivation of cannabis –
      • A person who, except under a licence granted by the Committee, knowingly cultivates any plant of the genus cannabis shall be guilty of an offence against the principal Law.
  3. 1966 Dangerous Drugs (General Provisions) (Jersey) Order
    The Dangerous Drugs (General Provisions) (Jersey) Order 1966 introduced the offences of the supply, procurement, advertising and possession of cannabis (other than extracts or tinctures), except under licence.
    • Article 1 : Application to drugs to which Part I of the Law of 1954 applies –
      • This Part of this Order shall apply to any drug, resin or preparation, other than extract or tincture of cannabis, to which Part I of the Law of 1954 as amended by the Law of 1965 applies, and in this Part of this Order the expression "drug" means any such drug, resin or preparation as aforesaid.
    • Article 2 : Supply, procuring and advertising of drugs –
      1. A person shall not supply or procure, or offer to supply or procure, to or for any person, including himself, whether in the Island or elsewhere, or advertise for sale, a drug, unless he is generally authorized, or, under this Article, licensed so to do, nor otherwise than in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.
      2. A person shall not supply or procure, or offer to supply or procure, a drug to or for any person in the Island unless that person is generally authorized, or, under Article 3 of this Order, licensed to be in possession of the drug and the drug is to be supplied or procured in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.
    • Article 3 : Possession of drugs –
      • A person shall not be in possession of a drug unless he is generally so authorized or, under this Article, so licensed, nor otherwise than in accordance with the provisions of this Order and, in the case of a person licensed, with the terms and conditions of his licence.
    • Article 4 : General authority for certain classes of persons to possess and supply drugs
    • Article 5 : Keeping of register
    • Article 12 : General authority for authorized sellers of poisons to manufacture preparations and retail drugs and preparations –
      1. 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
    Cannabis was further controlled in 1968 by its inclusion in Schedule 1 of the Poisons List. First Schedule - Substances included in the Poisons List to which special restrictions apply unless exempted by Article 10:
    • Cannabis; the resin of cannabis, extracts of cannabis; tinctures of cannabis; cannabin tannate.
  5. 1969 Poisons List (Jersey) Order
    Update of the definition of cannabis in the Poisons List. Schedule - The Poisons List - Part 1 (Poisons which, subject to the provisions of the Pharmacy. Poisons and Medicines (Jersey) Law, 1952, are not to be sold except by a person who is an authorized seller of poisons):
    • Cannabis (the dried flowering or fruiting tops of Cannabis sativa Linn.); the resin of cannabis; extracts of cannabis; tinctures of cannabis; cannabin tannate.
  6. 1971 Drugs (Prevention of Misuse) (Jersey) Law, 1964 (Modification) (No. 2) (Jersey) Order
    The "penalization of the unauthorised possession" of cannabinol and cannabinol derivatives was introduced by their inclusion in the Schedule of the Drugs (Prevention of Misuse) (Jersey) Law 1964. Schedule - Substances referred to in this law:
    1. Cannabinol and its tetrahydro derivatives, prepared wholly or partly by synthesis, and the 3-alkyl homologues of those substances.
  7. 1972 Poisons List (Amendment) (Jersey) Order
    Update of the definition of cannabis in the Poisons List.
    • Article 1 : In Part I of the Schedule to the Poisons List (Jersey) Order, 1969 –
      1. after the item "Butylchloral hydrate" there shall be inserted the item "Cannabinol and its tetrahydro derivatives, prepared wholly or partly by synthesis; their 3 – alkyl homologues; any ester or ether of any substance falling within this item."
  8. 1972 Drugs (Prevention of Misuse) (Amendment) (Jersey) Law
    An amendment of the Drugs (Prevention of Misuse) (Jersey) Law 1964 that introduced penalties for the unlicensed importation of cannabinol and cannabinol derivatives.
    • Article 1 : After paragraph (5) of Article 5 of the Drugs (Prevention of Misuse) (Jersey) Law, 1964 there shall be added the following paragraph –
      1. Any person who imports a substance for the time being specified in the Schedule, without a licence, shall be guilty of an offence and shall be liable to a fine or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
  9. 1977 UN Single Convention on Narcotic Drugs

    Ratified by the UK in 1964 and extended to Jersey in 1977.

  10. 1978 Protocol amending the UN Single Convention on Narcotic Drugs

    Ratified by the UK and extended to Jersey in 1978.

  11. 1978 Misuse of Drugs (Jersey) Law
    The Misuse of Drugs (Jersey) Law 1978 repealed the Dangerous Drugs (Jersey) Law 1954, updated the definition and restrictions of cannabis, and introduced the drugs classification system. This law also included the offence of intent to supply for the first time.
    • Article 1 : Interpretation –
      • "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;
      • "produce" where the reference is to producing a controlled drug, means producing it by manufacture, cultivation or any other method, and
      • "production" shall be construed accordingly;
    • Article 4 : Restrictions on importation or exportation of controlled drugs –
      1. Subject to the provisions of paragraph (2) of this Article the importation or exportation of a controlled drug is hereby prohibited.
      2. Paragraph (1) of this Article does not apply –
        1. to the importation or exportation of a controlled drug which is for the time being exempted from the provisions of paragraph (1) of this Article by an Order made under Article 10 of this Law; or
        2. to the importation or exportation of a controlled drug under and in accordance with the terms of a licence issued by the Committee and in compliance with any conditions attached thereto.
    • Article 5 : Restrictions on production and supply of controlled drugs –
      • Subject to the provisions of any Order for the time being in force under Article 10 of this Law, it is an offence for a person –
        1. to produce or be concerned in the production of a controlled drug; or
        2. to supply or offer to supply a controlled drug to any person; or
        3. to be concerned in the supplying of, or in the making of an offer to supply, a controlled drug to any person.
    • Article 6 : Restrictions on possession of controlled drugs –
      1. Subject to the provisions of any Order for the time being in force under Article 10 of this Law, it is an offence for a person to have a controlled drug in his possession.
      2. It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another person in contravention of sub-paragraph (b) of Article 5 of this Law.
      3. In any proceedings for an offence under paragraph (1) of this Article in which it is proved that the accused had a controlled drug in his possession, it shall be a defence for him to prove
        1. that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connexion with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or
        2. that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.
      4. The provisions of paragraph (3) of this Article shall apply in the case of proceedings for an offence under paragraph (4) of Article 19 of this Law as they apply in the case of proceedings for an offence under paragraph (1) of this Article, subject to the following modifications –
        1. for the reference to the accused having in his possession, and to his taking possession of, a controlled drug, there shall be substituted respectively references to his attempting to get, and to his attempting to take, possession of such a drug; and
        2. in sub-paragraphs (a) and (b) of the said paragraph (3) the words from “and that as soon as possible” to the end of those sub-paragraphs shall be omitted.
      5. Nothing in paragraph (3) of this Article shall prejudice any other defence which it is open to a person charged with an offence under this Article to raise.
    • Article 8 : Prohibition on possession of utensils for the purposes of committing an offence –
      • It is an offence for a person to have in his possession any needle, syringe or other utensil for the purposes of committing an offence against this Law.
    • Article 9 : Occupier of premises –
      • A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises –
        1. producing or attempting to produce or supplying or attempting to supply a controlled drug in contravention of Article 5 of this Law;
        2. smoking cannabis, cannabis resin or prepared opium.
    • Article 10 : Authorisation of activities otherwise unlawful under this law –
      1. If in the case of any controlled drug the Committee is of the opinion that it is in the public interest –
        1. for production, supply and possession of that drug to be either wholly unlawful or unlawful except for purposes of research or other special purposes; or
        2. for it to be unlawful for practitioners, pharmacists and persons lawfully conducting retail pharmacy businesses to do in relation to that drug any of the things mentioned in paragraph (3) of this Article except under a licence or other authority granted by the Committee;
        it may, by Order, designate that drug as a drug to which this paragraph applies and while there is in force an Order under this paragraph designating a controlled drug as one to which this paragraph applies, paragraph (3) of this Article shall not apply in relation to that drug.

    Second Schedule - Controlled Drugs:
    • Class A drugs:
      • Cannabinol, except where contained in cannabis or cannabis resin;
      • Cannabinol derivatives.
    • Class B drugs:
      • Cannabis and cannabis resin.
  12. 1980 Misuse of Drugs (Designation) (Jersey) Order
    Designation of cannabinol, cannabinol derivatives, cannabis and cannabis resin under Article 10 of the Misuse of Drugs (Jersey) Law 1978, which prohibited practitioners and pharmacists from prescribing cannabis except under licence and prohibited all other activities "except for purposes of research or other special purposes".
    • Article 1 : The controlled drugs specified in the Schedule to this Order are hereby designated as drugs to which paragraph (4) of Article 10 of the Law applies.

    Schedule - Controlled Drugs to which Article 10(4) of the Law applies:
    • Cannabinol;
    • Cannabinol derivatives;
    • Cannabis;
    • Cannabis Resin.
  13. 1980 Misuse of Drugs (General Provisions) (Jersey) (Order)
    Authorisation of the cultivation of cannabis under licence, and the classification of cannabis as a Schedule 4 drug. Exemptions from certain provisions of the law:
    • Article 10 : Cultivation under licence of cannabis plant –
      • 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.

    Fourth Schedule - Controlled drugs subject to the requirements of Articles 11, 12, 13, 14, 15, 16 and 20:
    • Cannabinol;
    • Cannabinol derivatives;
    • Cannabis and cannabis resin.
  14. 1986 Poisons List (Jersey) Order
    Update of the definition of cannabis in the Poisons List. Schedule - The Poisons List - Part 1 (Poisons which, subject to the provisions of the Pharmacy. Poisons and Medicines (Jersey) Law, 1952, are not to be sold except by a person who is an authorized seller of poisons):
    • 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.
  15. 1989 Misuse of Drugs (Designation) (Jersey) Order
    Replacement of the Misuse of Drugs (Designation) (Jersey) Order 1980.
    • Article 1 : The controlled drugs specified in Part I of the Schedule to this Order are hereby designated as drugs to which paragraph (4) of Article 10 of the Law applies.

    Schedule - Part 1 - Controlled drugs to which paragraph (4) of Article 10 of the Law applies:
    • Cannabinol;
    • Cannabinol derivatives;
    • Cannabis;
    • Cannabis Resin.
  16. 1989 Misuse of Drugs (General Provisions) (Jersey) Order
    Replacement of the Misuse of Drugs (General Provisions) (Jersey) Order 1980, reclassifying cannabis as a Schedule 1 drug. Exemptions from certain provisions of the law:
    • Article 11 : Cultivation under licence of cannabis plant –
      • 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.

    First Schedule - Controlled drugs subject to the requirements of Articles 12, 13, 14, 15, 16, 17, 20, 22 and 23:
    • Cannabinol;
    • Cannabinol derivatives;
    • Cannabis and cannabis resin.
  17. 1992 Misuse of Drugs (Designation) (Amendment No. 2) (Jersey) Order
    Update of the definition of cannabis in the Misuse of Drugs (Designation) (Jersey) Order 1989 to exclude dronabinol.
    • Article 1 : In sub-paragraph (a) of paragraph 1 of Part I of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989 for the item "Cannabinol derivatives" there shall be substituted the item "Cannabinol derivatives except dronabinol and except any sterioisomer of dronabinol".
  18. 1992 Misuse of Drugs (General Provisions) (Amendment No. 3) (Jersey) Order
    Update of the definition of cannabis in the Misuse of Drugs (General Provisions) (Jersey) Order 1989 to classify dronabinol as a Schedule 2 drug.
    • Article 1 : In the Misuse of Drugs (General Provisions) (Jersey) Order 1989, as amended –
      1. in the First Schedule, in sub-paragraph (a) of paragraph 1 for the item "Cannabinol derivatives" there shall be substituted the item "Cannabinol derivatives except dronabinol and except any sterio-isomer of dronabinol."
      2. in the Second Schedule –
        1. in paragraph 1 after the item "Dipipanone" there shall be inserted the item "Dronabinol".
  19. 1994 Poisons (General Provisions) (Amendment No. 6) (Jersey) Order
    Addition of the synthetic cannabinoid nabilone to Schedule 1 of the Poisons List. First Schedule:
    • Nabilone
  20. 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.

  21. 1997 Medicines (Prescription Only) (Jersey) Order
    Designation of the synthetic cannabinoid nabilone as a Schedule 1 prescription only medicine. First Schedule - Part 1 - Prescription Only Medicines:
    • Nabilone
  22. 1998 Attorney General Directive 1/98 – Personal amounts of certain controlled drugs

    A Directive on personal amounts of Class B & C 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 up to 7g and is conditional upon attendance at a Drugs Awareness Course.

  23. 1999 Customs and Excise (Jersey) Law
    Definition of penalties for the import/export of controlled drugs. Part 9 - General Offences and Legal Proceedings:
    • Article 61 : Fraudulent evasion of duty, prohibitions and restrictions
      1. Subject to paragraph (4), a person guilty of an offence under this Article shall be liable to a fine, or to imprisonment for a term not exceeding seven years, or to both.
      2. A person guilty of an offence under this Article in connection with a prohibition or restriction on importation or exportation having effect by virtue of Article 4 of the Misuse of Drugs (Jersey) Law 1978, shall be liable –
        1. where the goods were a Class A drug, to a fine or to imprisonment for life, or to both;
        2. where the goods were a Class B drug, to a fine or to imprisonment for a term not exceeding fourteen years, or to both; or
        3. where the goods were a Class C drug, to a fine or to imprisonment for a term not exceeding five years, or to both, and in this Article "Class A drug", "Class B drug" and "Class C drug" have the same meaning as in the Misuse of Drugs (Jersey) Law 1978.
      3. Where a person is guilty of an offence under this Article, the goods in respect of which the offence was committed shall be liable to forfeiture.
  24. 2003 UN Convention on Psychotropic Substances

    Ratified by the UK in 1986 and extended to Jersey in 2003.

  25. 2007 Open General Licence for Import or Export of Controlled Drugs

    "This licence provides that it is not unlawful for a person who is entering or leaving Jersey to import/export any controlled drug specified in the Schedule to the Licence when that controlled drug is lawfully in their possession, under their direct personal supervision and intended for administration to himself for medical or dental purposes in accordance with a prescription issued by a registered practitioner", in pursuance of Articles 4(2)(b) and 26 of the Misuse of Drugs (Jersey) Law 1978.

  26. 2009 Misuse of Drugs (General Provisions) (Jersey) Order
    Replacement of the Misuse of Drugs (General Provisions) (Jersey) Order 1989. Part 1 - Interpretation:
    • Article 1 : Interpretation
      1. In this Order, unless the context otherwise requires –
        • "exempt product" means a preparation or other product that consists of one or more component parts, any of which contains a controlled drug, where –
          1. the preparation or other product is not designed for administration of the controlled drug to a human being or animal;
          2. the controlled drug in any component part is packaged in such a form, or in combination with other active or inert substances in such a manner, that it cannot be recovered by readily applicable means or in a yield that constitutes a risk to health; and
          3. no one component part of the product or preparation contains more than one milligram of the controlled drug or one microgram in the case of lysergide or any other N-alkyl derivative of lysergamide.

    Part 2 - Exemptions:
    • 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.

    Schedules:
    • Schedule 1 drugs:
      • Cannabinol;
      • Cannabinol derivatives except dronabinol and except any sterio-isomer of dronabinol;
      • Cannabis and cannabis resin.
    • Schedule 2 drugs:
      • Dronabinol.
  27. 2009 Misuse of Drugs (Amendment of Schedule 2 to Law) (Jersey) Order

    An amendment to the Misuse of Drugs (Jersey) Law 1978 to classify and prohibit specified synthetic cannabinoids.

  28. 2009 Misuse of Drugs (General Provisions) (Amendment) (Jersey) Order

    An amendment to the Misuse of Drugs (General Provisions) (Jersey) Order 1989 to schedule specified synthetic cannabinoids.

  29. 2012 Misuse of Drugs (Miscellaneous Amendments) (No. 2) (Jersey) Order
    Updates to the Misuse of Drugs (Jersey) Law 1978 to classify the synthetic cannabinoid nabilone as a Class B drug, and the Misuse of Drugs (General Provisions) (Jersey) Order 2009 as a Schedule 2 drug.
    • Article 1 : Schedule 2 to the Misuse of Drugs (Jersey) Law 1978 amended
      1. In this Article "Law" means the Misuse of Drugs (Jersey) Law 1978
      2. In Part 2 of Schedule 2 to the Law –
        1. in paragraph 1(a) after the entry "Methylphenobarbitone" there shall be inserted the entry –
          • Nabilone
    • Article 3 : Misuse of Drugs (General Provisions) (Jersey) Order 2009 amended
      1. In this Article "Order" means the Misuse of Drugs (General Provisions) (Jersey) Order 2009
      2. In Schedule 2 to the Order, in paragraph 1 –
        1. after the entry "Myrophine" there shall be inserted the following entry –
          • Nabilone
  30. 2013 Misuse of Drugs (Miscellaneous Amendments) (No. 3) (Jersey) Order

    Amendments to the Misuse of Drugs (Jersey) Law 1978, the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and the Misuse of Drugs (Designation) (Jersey) Order 1989 to classify and schedule specific synthetic cannabinoids.

  31. 2013 Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order

    Amendments to the Misuse of Drugs (Jersey) Law 1978, the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and the Misuse of Drugs (Designation) (Jersey) Order 1989 to classify and schedule specific synthetic cannabinoids.

  32. 2014 Misuse of Drugs (Miscellaneous Amendments) (No. 5) (Jersey) Order

    Amendments to the Misuse of Drugs (Jersey) Law 1978, the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and the Misuse of Drugs (Designation) (Jersey) Order 1989 to classify and schedule specific synthetic cannabinoids.

  33. 2015 Attorney General Directive 1/2015 – Personal amounts of certain controlled drugs

    "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... This replaces the Guidance issued by the Attorney General in 1998."

  34. 2015 Centenier Written Caution Guidelines
    Guidance on the amounts of controlled drugs that can be dealt with at Parish Hall Enquiry by way of a written caution.
    • Cannabis oil : zero tolerance;
    • Cannabis : up to 15 grams - resin and herbal.
  35. 2016 Misuse of Drugs (Miscellaneous Amendments) (No. 6) (Jersey) Order
    Addition of exceptions to the Misuse of Drugs (Designation) (Jersey) Order 1989 and the Misuse of Drugs (General Provisions) (Jersey) Order 2009 to classify Sativex as a Schedule 4 drug, and to classify and schedule specific synthetic cannabinoids.
    • Article 2 : Misuse of Drugs (Designation) (Jersey) Order 1989 amended
      • In the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989 –
        1. in Part 1 –
          1. in paragraph 1(a) –
            1. after the word "Cannabis" there are inserted the words "(not being the substance specified in paragraph 4 of Part 2 of this Schedule)",
        2. in Part 2 after paragraph 3 there is added the following paragraph –
          1. 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.
    • Article 3 : Misuse of Drugs (General Provisions) (Jersey) Order 2009 amended
      • In the Schedule to the Misuse of Drugs (General Provisions) (Jersey) Order 2009 –
        1. in Part 1 –
          1. in paragraph 1(a) –
            1. after the word "Cannabis" there are inserted the words "(not being the substance specified in paragraph 10 of Schedule 4)",
        2. in Schedule 4 after paragraph 9 there is added the following paragraph –
          1. 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.
  36. 2018 Misuse of Drugs (Jersey) Law 1978 Amendment: Law Drafting Instructions - Cannabis Based Products

    Abandoned Law Drafting Instructions for an amendment to the Misuse of Drugs (Jersey) Law 1978 that would have implemented the recommendation of the Misuse of Drugs Advisory Council to reclassify Bedrocan, Bedrobinol, Bediol, Bedica, Bedrolite, and Tilray oral solutions and capsules in order that they might be used for medicinal purposes.

  37. 2018 Misuse of Drugs (Miscellaneous Amendments) (No. 7) (Jersey) Order
    Addition of exceptions to the Misuse of Drugs (Designation) (Jersey) Order 1989 and the Misuse of Drugs (General Provisions) (Jersey) Order 2009 for the classification of medicinal cannabis, the removal of the requirement for practitioners and pharmacists to obtain a specific licence to prescribe medicinal cannabis, and also the introduction of the prohibition of the smoking of medicinal cannabis.
    • Article 1 : Amendment of Misuse of Drugs (Designation) (Jersey) Order 1989
      • In the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989 –
        1. in paragraph 1(a) of Part 1, for the entries from "Cannabinol" to "Cannabis resin" there is substituted –
          • Cannabinol (not falling within paragraph 5 of Part 2);
          • Cannabinol derivatives (not falling within paragraph 5 of Part 2), other than dronabinol or a stereoisomer of dronabinol;
          • Cannabis (not falling within paragraph 4 or 5 of Part 2);
          • Cannabis resin (not falling within paragraph 5 of Part 2).
        2. at the end of Part 2, after paragraph 4, there is inserted –
          1. 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, 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 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 from time to time.
    • Article 2 : Amendment of Misuse of Drugs (General Provisions) (Jersey) Order 2009
      • In the Misuse of Drugs (General Provisions) (Jersey) Order 2009 –
        1. after Article 20 there is inserted –
          • 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.
        2. in paragraph 1(a) of Schedule 1, for the entries "Cannabinol", "Cannabinol derivatives except dronabinol and except any sterio-isomer of dronabinol" and "Cannabis (not being the substance specified in paragraph 10 of Schedule 4) and cannabis resin" there is substituted –
          • Cannabinol (not falling within paragraph 10 of Schedule 2);
          • Cannabinol derivatives (not falling within paragraph 10 of Part 2), other than dronabinol or a stereoisomer of dronabinol;
          • Cannabis (not falling within paragraph 10 of Schedule 2 or within paragraph 10 of Schedule 4);
          • Cannabis resin (not falling within paragraph 10 of Schedule 2).
        3. at the end of Schedule 2, after paragraph 9, there is inserted –
          1. A controlled drug constituting or contained in a medicinal product, if and to the extent that the drug and the medicinal product fall within paragraph 5 of Part 2 of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989.
  38. 2019 Attorney General Directive 1/2019 – Personal amounts of certain controlled drugs

    "A Centenier may consider dealing with a person by way of a second written caution for a second offence of possession of controlled drugs [at the Parish Hall]."

  39. 2019 Misuse of Drugs (Miscellaneous Amendments) (No. 8) (Jersey) Order
    Addition of exception for up to 3% cannabinol and cannabinol derivatives by weight of CBD in CBD products under the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and the Misuse of Drugs (Designation) (Jersey) Order 1989.
    • Article 2 : Misuse of Drugs (General Provisions) (Jersey) Order 2009 amended
      1. The Misuse of Drugs (General Provisions) (Jersey) Order 2009 is amended as set out as in this Article.
      2. After Article 2(4), there is inserted –
        1. 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, 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.
      3. For Article 15(1)(b) there is substituted –
        1. poppy-straw;
        2. cannabinol or cannabinol derivatives falling within Article 2(5); or
      4. After Article 20(2)(b) there is inserted –
        1. cannabinol or cannabinol derivatives falling within Article 2(5);
      5. In paragraph 1(a) of Schedule 1 –
        1. in the entry for "Cannabinol", after "not falling within" there is inserted "Article 2(5) or within";
        2. in the entry for "Cannabinol derivatives", for "paragraph 10 of Part 2" there is substituted "Article 2(5) or within paragraph 10 of Schedule 2".
    • Article 3 : Schedule to Misuse of Drugs (Designation) (Jersey) Order 1989 amended
      • In the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989 –
        1. in paragraph 1(a) of Part 1, in the entries for "Cannabinol" and "Cannabinol derivatives", for "paragraph 5" there is substituted "paragraph 5 or 6";
        2. after paragraph 5 of Part 2, there is inserted –
          1. Cannabinol or cannabinol derivatives found in a preparation of cannabidiol, where –
            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, 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.
  40. 2019 Poisons (Removal of Cannabis from List) (Jersey) Order
    Removal of "outdated references" to cannabis and cannabinol derivatives from the Poisons List.
    • Article 1 : Poisons (General Provisions) (Jersey) Order 1968 amended
      • In the Poisons (General Provisions) (Jersey) Order 1968 –
        1. in Schedule 1, "Cannabis; the resin of cannabis, extracts of cannabis; tinctures of cannabis; cannabin tannate." is deleted.
    • Article 2 : Poisons List (Jersey) Order 1986 amended
      • In Part 1 of the Schedule to the Poisons List (Jersey) Order 1986, the following is deleted –
        • Cannabinol and its tetrahydro derivatives, prepared wholly or partly by synthesis; their 3-alkyl homologues; any esters or either 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.
  41. 2020 Rehabilitation of Offenders (Exceptions) (Amendment No. 2) (Jersey) Regulations
    Provisions for permitting "the making of enquiries regarding spent convictions in processing an application for a licence to produce, supply, offer to supply or possess a controlled drug or to cultivate Cannabis plants."
    • Article 1 : Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002 amended
      • In the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002, after Article 13, there is inserted –
        • 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.
          2. Article 10(1) of the Law shall not apply when a question is asked in order to assess the suitability of a person to hold a licence referred to in paragraph (1), if the question relates to –
            1. the applicant for or the holder of such a licence; or
            2. a person who, as a result of his or her role in, or relationship to, the applicant for or holder of such a licence –
              1. is required to be named in the application for the licence, or
              2. would have been so required had the person been in that role or had that relationship at the time the application was made.
          3. Article 10(2)(b) of the Law shall not, in the context of any matter related to an application for a licence referred to in paragraph (1), apply to a person's role in, or relationship to, an applicant for or a holder of such a licence.
          4. Article 7 of the Law shall not apply to any proceedings in respect of the refusal of, or the imposition of conditions attached to, a licence referred to in paragraph (1).
  42. 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.

  43. 2020 Misuse of Drugs (Licence Fees) (Jersey) Order
    Introduction of fees that may be payable in relation to the grant of any licence for controlled drugs under any provisions of the Misuse of Drugs (Jersey) Law 1978.
    • Article 1 : Interpretation
      • In this Order –
        • "industrial hemp" means a plant of the genus Cannabis with a tetrahydrocannabinol content not exceeding 0.2%, cultivated for the purpose of using only –
          1. the mature stalk of any such plant;
          2. fibre produced from mature stalk of any such plant; or
          3. the seed of any such plant;
    • Article 2 : Licence fees
      1. An applicant for a licence, or for the renewal of a licence, described in column 2 of the table in the Schedule must make provision for the payment of the application fee specified, opposite the relevant description, in column 3 of the table.
      2. The Minister may waive the requirement for a fee under paragraph (1) at the Minister's discretion.
    Schedule - Fees:
    #Description of LicenceFee
    1Licence to produce, supply and possess a licensed drug at a specified site
    (Article 3(1)(a), (b), (c) and (d) of the 2009 Order)    		£6500 per site
    2Licence, not being a licence under item 1, to supply and possess a licensed drug
    (Article 3(1)(b), (c) and (d) of the 2009 Order)    		£5000
    3Licence, not being a licence under item 1 or item 2, to possess a licensed drug
    (Article 3(1)(d) of the 2009 Order)    		£4000
    4Licence to cultivate industrial hemp
    (Article 10 of the 2009 Order)    		£1000
    5Licence to cultivate, produce, supply and possess cannabis (other than industrial hemp) at a specified site
    (Article 10 of the 2009 Order)    		£7500 per site, plus any fee levied by the UK Home Office
    6Licence for personal import or export of a licensed drug
    (Article 4(2)(b) of the Law)    		£25
    7Licence for commercial import or export of a licensed drug
    (Article 4(2)(b) of the Law)    		£100
    8Renewal of licence specified in item 1£3250 per site
    9Renewal of licence specified in item 2£2500
    10Renewal of licence specified in item 3£2000
    11Renewal of licence specified in item 4£1000
    12Renewal of licence specified in item 5£3750 per site
  44. 2021 Finance (2021 Budget) (Jersey) Law
    Introduction of powers to make Regulations relating to the taxation of companies in the cannabis industry.
    • Article 18 : New Article 143AA (power to make Regulations relating to companies in the cannabis industry) inserted
      • After Article 143 there is inserted –
        • Article 143AA : Power to make Regulations relating to companies in the cannabis industry
          1. The States may, by Regulations, amend this Law to provide for the taxation of the profits of companies whose business involves or relates to cannabis or its derivatives.
          2. Regulations made under this Article may apply –
            1. to all companies whose business involves or relates to cannabis or its derivatives; or
            2. to only some of those companies, based on –
              1. the types of activities that the companies undertake,
              2. the proportion of the companies' activities or profits that relate, or do not relate, to cannabis or its derivatives, or
              3. any other matter that the States considers relevant.
  45. 2021 Proceeds of Crime (Amendment of Law) (No. 2) (Jersey) Regulations
    An amendment to the Proceeds of Crime (Jersey) Law 1999 relating to the production, supply, use, export or import of cannabis or any of its derivatives so that they may be no longer considered criminal conduct as specified.
    • Article 1 : Article 1(1) (Interpretation) of the Proceeds of Crime (Jersey) Law 1999 amended
      1. This Regulation amends Article 1(1) of the Proceeds of Crime (Jersey) Law 1999.
      2. The following definitions are inserted in the correct alphabetical sequence –
        • "cannabis" means any plant of the genus Cannabis and any part of such plant;
        • "production" has the same meaning as is given to that expression by Article 1(1) of the Misuse of Drugs (Jersey) Law 1978;
        • "supply" is construed in accordance with the meaning given to "supplying" by Article 1(1) of the Misuse of Drugs (Jersey) Law 1978;
      3. In the definition "criminal conduct" –
        1. in paragraph (b) for the semi-colon there is substituted a comma; and
        2. after paragraph (b) there is inserted –
          • but does not include the production, supply, use, export or import of cannabis or any of its derivatives that –
            1. is lawful where and when it occurs, and
            2. occurs in a jurisdiction outside Jersey that the Minister for External Relations and Financial Services may by Order specify.
  46. 2021 Proceeds of Crime (Cannabis Exemption - List of Jurisdictions) (Jersey) Order
    Definition of the jurisdictions to which the Proceeds of Crime (Amendment of Law) (No. 2) (Jersey) Regulations 2021 applies.
    • Article 1 : List of jurisdictions for cannabis exemption
      • 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 are as set out in the Schedule.

    Schedule - List of jurisdictions:
    • 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
  47. 2021 Income Tax (Amendment of Law - Taxation of Cannabis Companies) (Jersey) Regulations
    An amendment of the Income Tax (Jersey) Law 1961 to define cannabis companies and set a tax rate of 20% for such companies.
    • Article 1 : Income Tax (Jersey) Law 1961 amended
      • These Regulations amend the Income Tax (Jersey) Law 1961.
    • Article 2 : Article 123C (non-financial services companies) amended
      1. For the heading to Article 123C there is substituted –
        • 123C Tax rate for companies.
      2. After Article 123C(1)(b)(iii) there is inserted –
        1. a company in the cannabis industry (as defined in Article 123DA).
    • Article 3 : Article 123DA (companies in the cannabis industry) inserted
      • After Article 123D there is inserted –
        • 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.
  48. 2021 Misuse of Drugs (Miscellaneous Amendments) (No. 9) (Jersey) Order
    Amendments to remove cannabis from the Misuse of Drugs (Designation) (Jersey) Order 1989, which deemed cannabis activities as being wholly unlawful, and to update the definition of medicinal cannabis in the Misuse of Drugs (General Provisions) (Jersey) Order 2009.
    • Article 1 : Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989 amended
      1. In paragraph 1(a) of Part 1 (controlled drugs to which Article 12(4) of the Law applies) of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989, the following is deleted –
        • Cannabinol (not falling within paragraph 5 or 6 of Part 2);
        • Cannabinol derivatives (not falling within paragraph 5 or 6 of Part 2), other than dronabinol or a stereoisomer of dronabinol;
        • Cannabis (not falling within paragraph 4 or 5 of Part 2);
        • Cannabis resin (not falling within paragraph 5 of Part 2).
    • Article 2 : Misuse of Drugs (General Provisions) (Jersey) Order 2009 amended
      • Article 3 to 14 amend the Misuse of Drugs (General Provisions) (Jersey) Order 2009.
    • Article 14 : Paragraph 10 of Schedule 2 amended
      • For paragraph 10 of Schedule 2 there is substituted –
        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.
  49. 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."
    • Cannabis oil : zero tolerance;
    • Cannabis oil contained in confectionary : to be considered by the Attorney General on a case-by-case basis;
    • Cannabis : up to 15 grams - resin and herbal.
  50. 2023 Magistrate's Court of Jersey Sentencing Guidelines - Drug Offences

    Suggested starting points for the sentencing of drug offences.

  51. 2023 Proceeds of Crime (Cannabis Exemption – List of Jurisdictions) (Amendment) (Jersey) Order
    Removal of South Africa from the Proceeds of Crime (Cannabis Exemption – List of Jurisdictions) (Jersey) Order 2021.
    • Article 1 : Proceeds of Crime (Cannabis Exemption – List of Jurisdictions) (Jersey) Order 2021 amended
      • In the Schedule to the Proceeds of Crime (Cannabis Exemption – List of Jurisdictions) (Jersey) Order 2021 "South Africa" is deleted.
  52. 2024 Crime (Public Order) (Jersey) Law
    Amendment of the Misuse of Drugs (Jersey) Law 1978 to allow the imposition of a level 1 fine at Parish Hall Enquiry for the possession of small amounts of Class B and C drugs.
    • Article 13 : Repeals and minor amendments
      1. After Article 28 (penalties) of the Misuse of Drugs (Jersey) Law 1978, there is inserted –
        • 28A Power to impose fines summarily
          1. If a person is charged with an offence under Article 8(1) (restrictions on possession of controlled drugs) in relation to the possession of a Class B drug or a Class C drug and accepts the decision of a Centenier having jurisdiction in the matter, that Centenier may impose a fine of level 1 on the standard scale.
          2. A Centenier who has imposed a fine under this Article –
            1. must give a receipt for it; and
            2. must, as soon as reasonably practicable, inform the Chief Officer of the States of Jersey Police Force of the details of the fine.
          3. A fine imposed under this Article is to be paid –
            1. as to one half, to the Consolidated Fund continued under Article 3(1) of the Public Finances (Jersey) Law 2019; and
            2. as to the other half, to the parish in which the Centenier who imposed it had jurisdiction.
  53. 2024 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 replaces Attorney General’s Directive 1/2022."

    "It has been updated following the coming into force of Article 28A of the Misuse of Drugs (Jersey) Law 1978 as included by the Crime (Public Order) (Jersey) Law 2024 which provides for Centeniers to impose a fine of Level 1 on the standard scale where a person is charged for possession of a Class B or a Class C drug and accepts the decision of the Centenier.

    The Attorney General believes 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 a Parish Hall rather than by prosecution (ie summary fine at a Parish Hall or in the Magistrate’s Court)."

    "A Centenier may consider dealing with a person by way of a first or second written caution for a first or second offence of possession of controlled drugs."

    "In cases of possession of a Class B or Class C drug, for a third time offence, the Centenier may impose a summary fine (eg of up to £200, which is the current maximum of a Level 1 fine) provided the quantity of drugs does not exceed the amounts set out in the annex, the individual admits the offence and there is no evidence of dealing or onward distribution."

    • Cannabis oil : zero tolerance;
    • Cannabis oil contained in confectionary : to be considered by the Attorney General on a case-by-case basis;
    • Cannabis : up to 15 grams - resin and herbal.

Policing of Cannabis

States of Jersey Police Annual Reports

Since 2014, the Jersey Police Authority has been responsible for producing annual reports in partnership with the States of Jersey Police.

The first reference to drugs occurs in the annual report of 1964, while the first mention of cannabis can be found in the report of 1968.

It was noted in the reports of 1974 and 1975 that a number of arrested persons were "not charged as a result of consultation between the Attorney General and the Drugs Advisory Committee". The majority of those arrested were stated to relate to cannabis offences.

Unfortunately, missing and inconsistent data relating to drugs offences in the States of Jersey Police annual reports complicates effective analysis.

Cannabis Offences

Consistent statistics relating specifically to cannabis offences in Jersey are lacking but some data has been made available in response to Freedom of Information requests and Written Questions.

Drug Convictions for Cannabis
YearTotal DrugsClass AClass BOtherCannabis Oil / THCCannabis Flos / Resin% Total CannabisSource
20171822613521012267%[ 3 ]
20181762913116012168.8%[ 3 ]
2019168381255011970.8%[ 3 ]
2020154341061419663%[ 3 ]
20211252890717762.4%[ 3 ]
20221254277617359.2%[ 4 ]
=93019766469360865.4%

See also: Amount of cannabis seizures [WQ.124/2024]

Prosecutions for Cannabis Possession
YearWritten CautionFineProb-
ation		Bound OverImprison-
ment		OtherWords of AdviceCommunity ServiceTotalSource
201765191165331113[ 5 ]
20187226783231122[ 5 ]
201967211157201114[ 5 ]
202045111314201086[ 5 ]
202136889211166[ 5 ]
2022321599401171[ 6 ]
=317100595123895572
%55%17%10%9%4%1%2%1%

Imposed sentences may relate to additional charges in some cases.
Written Cautions and Words of Advice are issued at Parish Hall Enquiries.

See also: Prosecutions for the possession of Cannabis since 2014 (FOI)

References

  1. [1] Dangerous Drugs (Jersey) Law 1954, Article 21 Repeal and savings, Paragraph 1. States of Jersey.
  2. [2] "Drug policy of the United Kingdom". Wikipedia.
  3. [3] "Drug convictions in 2022 and 2017 to 2021 (FOI)", Government of Jersey, 2023.
  4. [4] "Drug convictions in 2022 and 2023 to-date (FOI)", Government of Jersey, 2023.
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