Gibraltar drops a supply presumption and raises the possession prison limit

Gibraltar’s replacement criminal code took effect on 23 November 2012 with changes pulling cannabis cases in different directions. It omitted the old presumption that 20 grams of cannabis or resin was intended for supply, while raising the lower-court prison maximum for ordinary Class B possession from six months to twelve months.^[1][2][3]

The old quantity rule disappeared

Under the 1989 amendment, proof of possession of the listed commercial quantity triggered a presumption of intent to supply unless the defendant proved otherwise. It added a burden for people arguing that their stock was for themselves.^[3]

The new code repealed the old drug Act and set out fresh drug offences. It retained a distinction between ordinary possession and possession with intent to supply, but contained no equivalent commercial-quantity presumption. Existing drug regulations continued under the new statute.^[1]

A higher prison limit for possession

Cannabis and cannabis resin remained Class B drugs. For ordinary possession, the new sentencing table allowed up to twelve months in summary proceedings, the lower-court process, or a fine, or both. On indictment, the procedure for a higher-court trial, the maximum remained five years, with a fine available there too.^[1][2]

That meant removal of the quantity presumption went alongside a higher custody ceiling in the lower court. A person charged only with possession still faced a criminal case and the possibility of imprisonment.^[1]

Growing cannabis also remained a separate offence. The code’s cultivation penalty could reach nine months in summary proceedings or fourteen years on indictment, with fines among the available punishments.^[1]

Schools and young couriers affected supply sentences

The code required courts sentencing an adult for supply to treat certain circumstances as making the offence more serious. These included supply on or near school premises while young people were using them, or within an hour before or afterwards.^[1]

Using a courier under eighteen to deliver drugs or drug-related payment was another aggravating factor. Courts had to state openly that the offence was aggravated when the conditions were met.^[1]

Later cases still required individual sentencing

A December 2025 possession case ended with an £800 fine after police found approximately 127 grams of cannabis resin. The police report described a possession charge and an appearance in the Magistrates’ Court the next morning.^[4]

The 2019 patient rules later created a route for approved cannabis medicines through trained public doctors.^[5] The criminal code continues to provide the underlying offences described in Gibraltar’s current profile.^[1]