doi:10.1093/bjc/azh081 BRIT. J. CRIMINOL. (2005) 45, 113–128 Advance Access publication 3 September 2004 113 British Journal of Criminology 45(2) © the Centre for Crime and Justice Studies (ISTD) 2005; all rights reserved LOOKING THE OTHER WAY The Impact of Reclassifying Cannabis on Police Warnings, Arrests and Informal Action in England and Wales HAMISH WARBURTON, T IGGEY MAY and MIKE HOUGH* British drugs legislation has recently been changed to reclassify cannabis from a Class B drug to a Class C one. The reclassification is intended to reflect more accurately the risks posed by cannabis relative to other drugs. The debate about reform of the British laws in regulating cannabis posses- sion has tended to ignore the fact that even before cannabis was reclassified as a Class C drug, police officers often turned a ‘blind eye’ to cannabis offences, or else gave informal warnings. This paper examines the political background to reclassification. It then examines the factors that guide officers to use their discretion and informally dispose of cannabis offences. It goes on to consider the impact that reclassification may have on informal action. The data are drawn from a detailed study of the policing of cannabis prior to reclassification, conducted by the Institute for Criminal Policy Research. 1 We demonstrate that a multiplicity of police, offender and situational factors, either alone or in combination, influence an officer’s decision to take informal action on the street. We outline the potential for reclassification to generate a reduction in the use of informal disposals, which may create a ‘net-widening’ effect, or an increase in use, which might lead to the offence being selectively decriminalized. The implications for both scenarios are considered. Introduction The cannabis laws have been a contentious issue in Britain for at least 40 years. It was recently reported that the 1970 Labour government considered making the maximum penalty for cannabis possession a £200 fine. However, a difference of opinion in the Cabinet and an upcoming election persuaded the then Home Secretary, Jim Callaghan, to opt for harsher penalties (The Guardian, 29 January 2004). Instead of a fine, the max- imum sentence was set at five years’ imprisonment and an unlimited fine. Since then, use of cannabis has increased dramatically in Britain, attitudes have become increas- ingly liberal, and various commentators have called for changes to the law. Much of the recent policy debate focused on whether to downgrade cannabis from Class B to Class C. In July 2002, after a review by the Advisory Council on the Misuse of Drugs (ACMD), the Home Secretary announced the Government’s intention to do so. Reclassification took effect—after much consultation—in January 2004. As we shall discuss, the process of reclassification was handled in a way that maximized confusion about the legal status of cannabis. How the new arrangements actually take effect remains to be seen, but the aim of this paper is to examine the likelihood of * Hamish Warburton, Research Fellow; Tiggey May, Senior Research Fellow; Mike Hough, Professor of Criminal Policy; Institute for Criminal Policy Research (ICPR), School of Law, King’s College London, UK. Address all correspondence to: Hamish Warburton, Research Fellow, ICPR, School of Law, King’s College, 26–29 Drury Lane, London WC2B 5RL. 1 ICPR was formerly based at London South Bank University as the Criminal Policy Research Unit.