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UK: High time to undo the hash that has been made of our Cannabis laws

Kate Foster

Scotland on Sunday

Sunday 20 Mar 2005

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IF YOU are in the mood for a bit of cerebral relaxation today and decide to
smoke a cannabis joint, what would be the consequences if you were caught?
Can you grow cannabis plants in your attic and get away with it? How much
hash would you have to be found with before facing prosecution?

Around 3.5 million people in the UK use cannabis but I doubt many of them
know the answers to these questions. Recently a sheriff presiding over a
court in Aberdeen admitted that even he didn't understand the cannabis issue.

There has been huge confusion over the drug ever since former Home
Secretary David Blunkett re-classified it last January to the status of
steroids and anti-depressants, taking it from a class B to a class C drug.

Now the legal status of cannabis, and those who use it, has been plunged
into deeper chaos by Blunkett's replacement Charles Clarke, who has ordered
a review of his predecessor's decision. Clarke has asked his independent
advisers about re-introducing a higher classification in the light of new
evidence about stronger forms of the drug leading to serious mental health
problems. It is claimed, for example, that the drug dramatically increases
the risk of developing schizophrenia in people where there is a family
history of the illness, and significantly increases the risk even where
there is no such genetic link.

I don't know about Clarke's experience of cannabis, but hasn't it always
been fairly obvious that a lot of people who smoke cannabis regularly don't
have quite the mental acuity they should? Isn't that why they're called
hash heads? I watched friends at university disintegrate into foggy-minded
bores as they spent more and more time smoking dope, so the latest evidence
comes as no surprise - nor is it the first warning about the powerful
long-term effects of a supposedly 'soft' drug.

Blunkett was evidently more concerned with tackling those who deal in hard
drugs than those who fall victim to the softer ones. This was despite
warnings over the impact on health and the danger that the
re-classification of cannabis could create a climate in which the use of
harder drugs would become increasingly socially acceptable.

Blunkett's decision last year was hugely controversial. It may have
appeased users of the drug and their liberal supporters in the media, but
it was heavily opposed by critics, including former drugs tsar Keith
Hellawell, who resigned over the issue.

Aside from the political ramifications there was general public bemusement,
not least because the complicated new set of rules were not spelled out
clearly enough.

For example, some believed, mistakenly, that re-classification made the
drug legal and they could smoke it openly in public. Others thought,
wrongly, they could now grow cannabis plants without facing prosecution. To
muddy the waters even further, Scots law made the legal situation north of
the Border slightly different and Scottish police were unable to relax
their policies to the same extent as those in England.

In fact, re-classification is not the same as decriminalisation. For users
in England, the move meant those stopped once or twice with cannabis would
have the drug confiscated, be given a formal warning and sent on their way.
Anyone caught three times in a year would face arrest and could be charged
with possession.

In Scotland, meanwhile, possession of cannabis is still an arrestable
offence because decisions on prosecutions are up to fiscals and not police.
Therefore anyone caught with cannabis in Scotland has continued to face
prosecution as police report offenders to the procurator fiscal every time
they are found in possession. The fiscal then decides whether to press charges.

But not many people know this. The Scottish Executive, despite the millions
it spends on its controversial drugs education schemes, has failed to get
this message across.

Earlier this year, Douglas Cusine, a sheriff in Aberdeen, lashed out over
the re-classification of cannabis as he locked up a teenager for pushing
the drug at school. Cusine said he had difficulty understanding precisely
what message the government was intending to convey. Cannabis, he pointed
out, was no less dangerous now than it was before, and the penalties for
being involved with the drug are exactly the same. Now if someone in charge
of a court cannot comprehend the intricacies of the policy, what chance has
anyone else?

According to police, the number of marijuana plants and amount of resin
seized have increased dramatically in Scotland since re-classification even
though the move was supposed to allow forces to concentrate on hard drugs.
There is a feeling that cultivation of the drug has increased because of a
misconception among members of the public they would not be prosecuted.

If the government did not listen to Hellawell when he was drugs tsar,
hopefully their decision to rethink the status of cannabis will mark a
turning point. They must begin to look again at the evidence produced by
drugs experts other than those who peddle the theories they want to hear,
such as those drugs workers who sold the Scottish Executive its
controversial Know The Score anti-drugs campaign. The criticism of this
campaign was correct: it was not tough enough.

In Scotland, 384 under-16s were treated for drug problems in 2003-04, up
from 156 in 1999.

Perhaps instead, the government should listen to Professor Neil McKeganey,
of the Centre for Drugs Misuse Research at the University of Glasgow, who
believes that ministers and drugs workers should put the focus back on
cannabis to solve the problem of illegal drug use north of the Border.

Or maybe they should listen to the headteachers who say pupils are just as
likely to be caught behind the bike sheds with a joint in their hand as
they were with a cigarette a decade ago. There are growing concerns about
the strength of cannabis nowadays, and the effects of such a powerful drug
on its youngest users.

The Home Secretary needs to learn from the mistakes made last year and face
up to the liberals to protect the most vulnerable.

And if there is to be an about turn on drugs, the government - and the
Scottish Executive - must make sure that the facts on cannabis are spelled
out clearly. Not just the legal consequences but the health impact too.

 

 

 

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