PRO-CANNABIS campaigner Howard Marks left a whiff of controversy in the air during a gig in York.

An eyewitness said at least three members of the Grand Opera House audience had to be warned by staff and risked arrest for smoking cannabis in public during the Welshman's set.

Marks himself appeared to use a bong to smoke the Class C drug on-stage as he entertained the crowd with tales of drug smuggling.

Speaking to the Evening Press after the performance, Marks claimed he could not remember what he had been smoking. He said: "I wouldn't be surprised if it was cannabis. I think there's a good chance it was."

Marks, who has a flat in York city centre, criticised the audience for lighting up - but only because they did so in a non-smoking auditorium. He said: "I've been told people were smoking in the audience, although it was very dark, so I didn't see it myself. I certainly don't condone smoking anything at all in a non-smoking area. It put the ushers in an awkward position, and showed a lack of respect for the people who work there."

The eyewitness told the Evening Press: "At least three people in the dress circle were certainly smoking cannabis.

"There was a real smell of it in the air - everyone knew what it was. It was obvious.

"They did it for about half an hour during the performance and they looked like students."

He said: "Some ushers approached them and must have asked them to stop, but it didn't seem to make any difference."

Lizzie Richards, general manager of the Grand Opera House, said: "It is theatre policy that we are a completely no-smoking building. I was not at Howard Marks' performance, but I understand that our staff had their hands full getting everybody to put their cigarettes out."

In January, cannabis was controversially reclassified from a Class B to C drug in the UK. It remains illegal, but the penalties have changed.

Home Office guidelines state there is now a "presumption against arrest" for adults, who are now most likely to receive a warning and get the drug confiscated.

However, they can still be arrested for aggravating factors like smoking in a public place or repeat offending.

Youngsters under 18 caught with cannabis for the first time will be warned and further offences could lead to a charge. The maximum penalty for dealing, trafficking and producing Class C drugs has been toughened and stands at 14 years' jail.

Updated: 10:27 Monday, November 22, 2004