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How Young Lives Are Wrecked By Our Tough Cannabis Laws

Observer, The

Sunday 15 Oct 2000

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Website: http://www.newsunlimited.co.uk/observer/
Author: Anthony Browne, Observer, anthony.browne@observer.co.uk


HOW YOUNG LIVES ARE WRECKED BY OUR TOUGH CANNABIS LAWS

Despite A Fierce Debate On The Use Of Soft Drugs, A Million Of Us Are
Now 'Cannabis Criminals'

Brian Lace was a well-paid cameraman for Border TV until he was fined
UKP 200, sacked, evicted from his house and had his car repossessed.
With a criminal record, he found it impossible to find other work. A
year later, living on benefits in a bedsit, he hanged himself from the
back of a door.

Gary B was sitting at the dinner table with his partner, Jill, and their
four children when 12 plain-clothes policemen with truncheons burst into
his house and searched it for an hour-and-a-half. He was arrested and
imprisoned for six months and has not worked since. The children could
see him for only two hours a fortnight; his son became ill with stress.
All four children now have a profound hatred of the police.

Mark Gibson, a middle manager in a large bakery, was remanded in custody
for 11 days before being conditionally discharged. Six years later he
was fined UKP 100. When he and his wife, Lezley, were burgled, losing
all their wedding presents, the insurance company refused to pay up on
the ground that he had a criminal record.

Brian Lace, Gary B and Mark Gibson have one thing in common. They are
guilty of the same offence as a third of the Shadow Cabinet, one member
of the Cabinet and a Health Minister, at least 20 MPs, the US President
(almost), Queen Victoria (quite openly) and six million British people.
They used cannabis.

Last week Francis Wilkinson, former Chief Constable of Gwent, argued for
complete legalisation of cannabis. Yesterday the Chief Constable of
Cumbria, Colin Phillips, said he would turn a blind eye if he saw
cannabis used at a party. But while the public debate is transformed by
a bracing gust of honesty, the war against cannabis is escalating.
Almost a third of a million people were stopped and searched for drugs
last year. The annual number of people given a criminal record for life
for breaking the cannabis laws - among the most draconian in Europe -
has risen fourfold in 10 years to 96,381 in 1998. Almost all those
offences - 89,129 - were for possessing the drug for personal use.

Half of those caught were cautioned. Almost 22,000 were fined. In
total, 5,216 went to prison, more than half of them (2,832) just for
possession. Fifteen per cent of all prisoners are serving sentences for
offences related to drugs - mostly possession of cannabis.

Two years ago the number of British people given a criminal record for
cannabis use passed one million. The Independent Drug Monitoring Unit
(IDMU) estimates that the total cost of upholding the law on cannabis is
UKP 1.5 billion a year. Matthew Atha, director of IDMU, said: 'What
strikes me is how ordinary a lot of the people are. It's teenagers to
pensioners, from long-term unemployed to people in a steady job. We've
had doctors, lawyers, teachers, social workers, computer programmers and
company directors.'

A survey by the Police Foundation found only 0.5 per cent of people
think cannabis should be a top priority for police, and 46 per cent
think its use should not be illegal at all.

An independent inquiry into the Misuse of Drugs Act 1971 by the Police
Foundation, published in March, concluded that when it came to cannabis:
'The law's implementation damages individuals in terms of criminal
records and risks to jobs and relationships to a degree that far
outweighs any harm that cannabis may be doing to society. It
criminalises large numbers of otherwise law-abiding, mainly young,
people to the detriment of their futures'.

The British Medical Association has declared cannabis 'very safe', and
the respected medical journal, the Lancet, said it was 'less of a threat
than alcohol or tobacco'.

Most people caught in possession of cannabis are likely to be cautioned.
But under current legislation, when anyone - such as the Home
Secretary's son, William Straw - accepts a caution they admit guilt and
end up with a criminal record for life. The police computer will come
up with the offence if they try to get a job in the law, medicine,
accountancy, the prison service, teaching or any work involving young or
vulnerable people. They are also likely to be banned from ever visiting
the US.

A multiple sclerosis sufferer in Scotland who used cannabis for
medicinal reasons wanted to go to the US for medical treatment. The US
revoked her visa after it found out about her 'criminal' past.

In Carlisle Crown Court tomorrow, Alan Mason will challenge the cannabis
laws as an infringement of human rights. A former television producer
from Carlisle in Cumbria, he is being prosecuted for possession,
cultivation and intention to supply. He plans to claim immunity under
the Human Rights Act, enshrined this month in UK law.

The civil rights group Liberty also decided last week to use the Human
Rights Act to try to overturn the cannabis laws. The Act states that
public bodies - such as the police - can only interfere in private life
if they can justify it in terms of public health, morals or in
protecting the rights of others. Mary Cuneen, of Liberty, said: 'The
possession of small amounts of cannabis should not be a crime.'

When Jill, her partner Gary and four children were raided by police, she
said it was the most frightening experience of their lives. 'It was a
terrifying nightmare. Some of the police looked like thugs and they
were carrying truncheons.' Gary spent six months in prison for
possession and supply - he had given some to a friend - where he mixed
with burglars and rapists. 'I felt gutted. I didn't think I could
carry on, but I had to for the children,' said Jill.

There are also fears that making criminals of more than a million
otherwise law-abiding people brings the law into disrepute. Viscountess
Runciman, author of the Police Foundation report that argued for the
decriminalisation, told The Observer : 'I think it is undermining
police-community relations.'

For Peter Miles, a former electrician, the debate about legalisation is
too late. He has smoked cannabis to combat depression and been busted
three times. In one raid he was caught with one-and-a-half ounces of
resin, and was prosecuted for possession and intent to supply, a charge
he denies. He spent 11 weeks in jail and 60 days tagged electronically.

With his record he finds it impossible to get work. 'Society has
basically written me off,' he said. 'As a cannabis user who has never
hurt anyone, I am put in the same category as rapists and robbers. It
makes me furious.'

Some names in this article have been changed.




 

 

 

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