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What happens if you’re caught smuggling cannabis into the UK?

There has been a soaring increase in passengers smuggling large quantities of cannabis to the UK through airport luggage.

At the end of August 2024, 378 suspects had been detained for this crime, compared to 136 suspects in 2023, according to the National Crime Agency. That’s almost a threefold increase.

Clearly, this is a growing issue. In 2024 so far, around 15 tonnes of cannabis have been seized at UK airports. In 2023, that figure was five tonnes, and in 2022 it was two.

Why is more cannabis being smuggled into the UK?

Cannabis is legal in Thailand, the Netherlands, and 38 states in the USA (for medicinal use. It is legal in 24 states for recreational use).

It’s thought that there is an over-supply in these countries, and drug gangs are profiteering by sending the cannabis to other countries where it is currently illegal, like the UK. The drug producers pay couriers, or ‘drug mules’ to transport the cannabis in suitcases, or freight.

What happens if you’re caught smuggling cannabis?

Couriers are often told that they will only face a fine if they are caught. This is not true. The penalties if you’re caught range from an unlimited fine to 14 years in prison, or both.

A recent example demonstrates that the UK will impose high penalties on couriers. A man caught at Manchester Airport with eight suitcases containing 158 kg of cannabis was jailed for three years and four months.

In another instance, a group of four Londoners smuggled 1,500 kg of cannabis into the UK from Ghana inside sacks of flour in a shipping container.  One was jailed for four years and another jailed for five. The two others failed to appear in court and are considered “on the run,” but in their absence they were sentenced to seven and ten years in prison.

What does UK law say?

In the UK, the Misuse of Drugs Act 1971 controls the use and distribution of dangerous and harmful drugs. Cannabis is considered to be one of these ‘dangerous and harmful’ drugs in the UK.

The use and distribution of psychoactive substances is covered by the Pyscho-active Substances Act 2016.

Under these statutes, the main offences are possession, supply, production, and importation.

If you’re caught smuggling drugs, it’s likely that you’ll face accusations of possession, supply, and importation. You may also face a charge of possession with intent to supply, which is more serious.

What sentence will you face?

The penalty you face for smuggling drugs depends on the class of drug and the quantity you’re found with. Cannabis is a Class B drug.

For Class B drugs, the maximum sentence for possession is five years in prison, an unlimited fine, or both. For supply and importation, the maximum sentence is 14 years in prison, an unlimited fine, or both.

If you’re found with Class A drugs, the maximum sentence for possession is seven years in prison, an unlimited fine, or both. For importation and supply, you could get a life sentence in prison, an unlimited fine, or both.

How a lawyer can help to protect you

As you can see, the penalties for being caught smuggling cannabis are quite severe. Don’t be fooled by the drug gangs, who claim that the risk is low. Or by anyone who says that attitudes towards cannabis are lax in the UK. They are not. The Police and the National Crime Agency take this seriously, and they are willing to prosecute and enforce stringent penalties.

If you’ve been accused of, or caught in the act of smuggling cannabis, you should get a lawyer straightaway. Best practice is to wait until a lawyer is present before you agree to the interview under caution. We can help protect your position for the outset if we are there are the interview under caution.

We recently represented one of three men who travelled from Thailand via Dubai. Each of them had 53 kilograms of cannabis in their suitcases on the same flight, and they were stopped at Manchester airport. We drafted the basis of a plea for our client that he was only guilty for the cannabis in his own suitcase, and not for the remaining 100 kilograms. This was accepted by the Crown Prosecution Service. The man was sentenced to 28 months in custody, and no other consequences under the Proceeds of Crime Act.

Throughout your case, we can help you avoid the aggravating factors that may increase your sentence, and we’ll help you find mitigating factors to reduce the severity of the sentence. We’re on your side to put your best case forward, and represent you in court.

Contact Harewood Law today.

0333 3448377 | info@harewoodlaw.com