Avon and Somerset Police have been instructed to stop using cannabis smell as the sole grounds for stop and search, following recommendations from an independent review body.
The force’s Independent Scrutiny of Police Powers Panel determined that the smell of cannabis alone should no longer be considered sufficient reason to conduct searches, following a review of officer reports and body cam footage from 2024.
The recommendation comes after the Independent Office for Police Conduct (IOPC) issued similar guidance to all police forces nationally, highlighting growing concerns about the effectiveness and fairness of such practices.
The IOPC first called for this change in April 2022, when it identified 18 opportunities for improvement in stop and search practices. Their recommendation was explicit: the smell of cannabis alone does not provide grounds for a stop and search, and this prohibition should be enshrined in law.
In their 2022 report, IOPC Regional Director Sal Naseem said: “What we were seeing commonly was the smell of cannabis being used as reasons for stop and searches. The smell of cannabis is a contentious issue. There’s actual national police guidance that says you are not supposed to use that as the sole ground for stop and search. But the law is quite unclear on it.”
Despite the national guidance from the IOPC, implementation has been inconsistent across the UK’s 43 police forces, with many continuing to use cannabis smell as justification for searches.
“IOPC guidance raised clear concerns as to the use of the smell of cannabis as the sole reason for a stop and search. The Home Office and the NPCC accepted it was ‘not good practice’, with the NPCC stating that it would be updating training to address this to Police Forces nationally,” said Liam Carmody, Legal Services Manager of Release, the UK’s national centre of expertise on drugs and drug law.
Stop and search practices have long been criticised for their disproportionate impact on marginalised communities. According to government statistics, Black people are more likely to be stopped and searched than white people in England and Wales. Data from the Home Office shows that in the year ending March 2022, there were 6 stop and searches for every 1,000 White people, compared to 42 for every 1,000 Black people.
Stop and search rules also have particular significance for the estimated 60,000 to 80,000 people in the UK who have prescriptions for medical cannabis, following its legalisation for medicinal use in November 2018. Patients with conditions ranging from chronic pain to epilepsy and multiple sclerosis can legally use cannabis-based products when prescribed by specialist doctors. However, many have reported being stopped, searched, and sometimes arrested despite having legitimate prescriptions.
“Unfortunately, not all Police Forces have accepted the IOPC guidelines, and this practice is still used in many areas. The data on stop and search shows a disproportionate effect on marginalised and ethnic minority communities, impacting community cohesion and ultimately effective policing. We also see those who use medical cannabis legally put at risk by this practice, risking criminalisation due to their cannabis use,” Carmody added.
“The continued use of the smell of cannabis as a sole reason for a stop and search is open to abuse and, in our view, ineffective as most stop and searches result in the Police taking no further action. Police forces across the country urgently need to adopt the IOPC recommendations.”
