Three jailed every week for using cannabis, despite law change

Cannabis smokers are still being jailed at the rate of three a week for using the drug, despite the move to downgrade it from a class B to class C substance.

The punitive approach still being taken by courts in the face of government advice provoked accusations that otherwise law-abiding people were being needlessly imprisoned.

The disclosure comes as ministers agonise over whether to reverse the reclassification of cannabis in January 2004. Tony Blair is widely expected to order an about-turn after receiving medical advice that links regular cannabis use to mental illness.

However, Home Office figures obtained by The Independent disclose that many courts still behave as if reclassification had not taken place and police are bringing far more prosecutions than was intended when the law was changed.

The figures show that 13,302 people were convicted of possessing cannabis - not supplying or selling the drug - in 2004. A total of 161 received an immediate custodial sentence.

Cannabis was reclassified by David Blunkett, the former home secretary, in an effort to enable police to channel their efforts into tackling the use of class A drugs such as heroin and cocaine.

Although possession of cannabis remained illegal, police were advised not to arrest people smoking cannabis. They were told to confiscate the drug and give a warning.

The possibility of fines and prison sentences of up to two years was retained, but was only intended for rare cases, such as carrying cannabis near schools or blowing smoke in a police officer's face.

However, the Home Office statistics - the first time an official figure has been produced for convictions just for possession of cannabis - show prosecutions are being brought at the rate of more than 250 a week and three prison sentences handed down every week.

Mark Oaten, the Liberal Democrat home affairs spokesman, said the figures were shocking. He said: "Millions of people in the UK have smoked cannabis and, while it's far from harmless in health terms, imprisoning someone for lighting a joint is a completely disproportionate response. That this is happening at a time of record prison overcrowding suggests some courts are badly out of touch. The prison places being wasted on cannabis users should be filled with those who destroy communities by dealing in hard drugs."

Charles Clarke, the Home Secretary, has asked the Advisory Council on the Misuse of Drugs (ACMD) to review his predecessor's decision to downgrade cannabis. Mr Clarke and Tony Blair have aired concerns that it could have been a mistake, particular given the increasing use of higher-strength "skunk" cannabis in Britain.

The ACMD is understood to have concluded that regular heavy use of cannabis can trigger psychosis, fuelling speculation that the Prime Minister could decide to reverse the reclassification. A decision is expected this month.