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UK: Three jailed every week for using cannabis, despite law

Nigel Morris, Home Affairs Correspondent

The Independent

Monday 02 Jan 2006

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Cannabis smokers are still being jailed at the rate of three a week for
using the drug, despite the move to downgrade it from a class B to class
C substance.

The punitive approach still being taken by courts in the face of
government advice provoked accusations that otherwise law-abiding people
were being needlessly imprisoned.

The disclosure comes as ministers agonise over whether to reverse the
reclassification of cannabis in January 2004. Tony Blair is widely
expected to order an about-turn after receiving medical advice that
links regular cannabis use to mental illness.

However, Home Office figures obtained by The Independent disclose that
many courts still behave as if reclassification had not taken place and
police are bringing far more prosecutions than was intended when the law
was changed.

The figures show that 13,302 people were convicted of possessing
cannabis - not supplying or selling the drug - in 2004. A total of 161
received an immediate custodial sentence.

Cannabis was reclassified by David Blunkett, the former home secretary,
in an effort to enable police to channel their efforts into tackling the
use of class A drugs such as heroin and cocaine.

Although possession of cannabis remained illegal, police were advised
not to arrest people smoking cannabis. They were told to confiscate the
drug and give a warning.

The possibility of fines and prison sentences of up to two years was
retained, but was only intended for rare cases, such as carrying
cannabis near schools or blowing smoke in a police officer’s face.

However, the Home Office statistics - the first time an official figure
has been produced for convictions just for possession of cannabis - show
prosecutions are being brought at the rate of more than 250 a week and
three prison sentences handed down every week.

Mark Oaten, the Liberal Democrat home affairs spokesman, said the
figures were shocking. He said: “Millions of people in the UK have
smoked cannabis and, while it’s far from harmless in health terms,
imprisoning someone for lighting a joint is a completely
disproportionate response. That this is happening at a time of record
prison overcrowding suggests some courts are badly out of touch. The
prison places being wasted on cannabis users should be filled with those
who destroy communities by dealing in hard drugs.”

Charles Clarke, the Home Secretary, has asked the Advisory Council on
the Misuse of Drugs (ACMD) to review his predecessor’s decision to
downgrade cannabis. Mr Clarke and Tony Blair have aired concerns that it
could have been a mistake, particular given the increasing use of
higher-strength “skunk” cannabis in Britain.

The ACMD is understood to have concluded that regular heavy use of
cannabis can trigger psychosis, fuelling speculation that the Prime
Minister could decide to reverse the reclassification. A decision is
expected this month.

 

 

 

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