Cannabis guidance for customers

Overview and purpose

The possession, manufacture and supply of cannabis is a crime under Section 8 of the misuse of drugs act 1971. The use of cannabis and opium is also illegal. In addition such activity is also a breach of tenancy.  This guidance is to give our customers clarity on our approach to Cannabis in our homes.

What to do if you are impacted by Cannabis

Customers who believe someone is using, manufacturing or supplying illegal drugs should report concerns directly to the police. Please obtain a reference number,  write it down and let us have it.

What we will also do:

Cannabis Use 

The use of Cannabis is also illegal under the Misuse of Illegal Drugs Act 1971. In all reported cases we will need to speak to the alleged user and ask them to stop any usage, explain the impact and remind them of the law and their tenancy agreement. We will also need to ensure the issue has been reported to the police. 

If Cannabis is proven to be being used or kept in the property, we will take reasonable and proportionate legal or non-legal action to address this bearing in mind the risks, vulnerabilities, support needs of those involved, and the impact on the complainant(s) and the community. We will try to direct Cannabis users to any support available and/or their GP.

Where it is not clear where the cannabis use is – we will ask customers to continue to keep both us and the police informed of any concerns. Where there are multiple reports over time we will attend site to investigate in partnership with the police where possible.

Setting expectations:

‘Whilst smoking Cannabis is technically a crime most police forces simply do not have the time or resources to respond to cases of personal cannabis use. This does not make landlords the arbiter of the criminal act of using Cannabis’. Resolve - Practitioner Guide: Dealing with personal cannabis use

Where there is no proceedable evidence of Cannabis being present and this may need to be more than a smell we may not be able to meaningfully or conclusively tackle the issue until such evidence is established.  

Evidence

Where drugs are found on the premises or arrests are made robust action will be easier. It is harder to take robust action on reports of ‘cannabis smells’ for example.

‘This is the type of situation for which there is no straightforward answer, which will be little comfort to the resident. For a landlord to take action against a tenant in respect of ASB it requires corroborative evidence to support taking such action.  Formal legal action is only likely to succeed in the most serious cases, with a substantial amount of supporting evidence to convince a court that it would be just and proportionate to grant an order.’ – Complaint  201805041 – Point 35- Optivo – 13 May 21 - Housing Ombudsman’s Service

However, we can still take broad action to address the issue which may include communicating with others in the vicinity, offering alleged perpetrators words of advice and pursuing a conversation/disclosure or action plan with the local police and regularly communicating with complainants.

Cannabis manufacture, growing or supply

where there are allegations of this nature we will work with local police and other agencies to establish the facts. If evidence is established we will work with the police to address this through the courts or through other non-legal remedies. We will take reasonable and proportionate action at all times bearing in mind the risks, vulnerabilities, support needs of those involved and the impact on the complainant(s) and the community.

We may have to rely on the local police to take the lead in such cases. Where there is sufficient evidence and/or any conviction we will take further reasonable and proportionate action to robustly address the issue. This may include injunctions, requesting closure orders or possession action.

Medicinal Cannabis

In some cases, cannabis can be prescribed to treat certain medical conditions. Where this is the case we will ask for written evidence from a qualified NHS practitioner. This usually only presents as an issue where people pursue a ‘vaping’ method of administration through a private clinic.