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UK: Science and Technology Select Committee questions the ACMD

Transform

Friday 17 Mar 2006

---
Edited highlights from the uncorrected transcript of oral evidence given by:

Professor Sir Michael Rawlins, Chairman of the Advisory Council on the
Misuse of Drugs (the ACMD) and Professor of Clinical Pharmacology at the
University of Newcastle.

Professor Nutt: Psycho-pharmacologist at the University of Bristol.
"That means I am a medical doctor, a psychiatrist, who is interested in
drugs and the brain". Also Chair of the Technical Committee of the ACMD
for the last five years with a research track record in the field of
drugs of addiction and mental processes.

..to the Science and Technology Select committee inquiry:Scientific
Advice, Risk and Evidence: How the Government Handles them (case study
on drug classification). 1st of March 2006.

The full transcript can be read here
http://www.publications.parliament.uk/pa/cm200506/cmselect/cmsctech/uc900-ii/uc90002.htm

Transform has used excepts to highlight important themes in the session.
Please look at the full transcript to see these comments in the wider
context of the session's discussion - use the question numbers to locate
the quotes . Some explanatory comments are inserted by Transform in
square brackets for clarity, and, ...... implies that a sentence or more
has been edited from a paragraph.

The Committee website notes that: 'the transcript is not yet an approved
formal record of these proceedings. Any public use of, or reference to
the contents should make clear that neither Members nor witnesses have
had the opportunity to correct the record. If in doubt as to the
propriety of using the transcript, please contact the Clerk to the
Committee'.

Further information:

Details of the Select Committee inquiry

Transform submission to the Select Committee

Transform Press release 01.03.06

----
Chairman: Professor Rawlins, what is the purpose of the ABC drug
classification system that we have got at the moment?

Professor Sir Michael Rawlins: The purpose is to classify the
harmfulness of drugs so that the penalties for possession and
trafficking should be proportionate to the harmfulness of the particular
substance.

Q110 Chairman: Harmfulness to whom?

Professor Sir Michael Rawlins: Harmfulness to the individual and
harmfulness to society.
----

Q112 Chairman: Do you feel you have been proactive in achieving that
objective and that the ABC classification has done what it has set out
to do?

Professor Sir Michael Rawlins: I think in terms of what it was intended
to do, that is to say to try and make the penalties proportionate to the
harmfulness of the substances that were being used or traded, yes. Of
course, in the United Kingdom over the last 30 years the use of these
substances has increased dramatically, not just in Britain but in most
other countries as well, so in another sense one can say that we need
more than that. I think one of the important things about drugs misuse
is that it is not just a criminal justice problem, it is also a public
health problem and one has to be certain that one is looking at it from
both angles.
----

Q115 Chairman: So do you think it is a waste of time as well?

Professor Sir Michael Rawlins: No, I do not think it is a waste of time
but I think it is right that the Home Secretary is relooking at it.
There are various ways in which one could do this sort of thing.
Different countries have different arrangements. The notion that the
penalties for possession and supply should be proportionate, broadly
speaking, to the harmfulness seems to me reasonable, but it does not
necessarily have to be done that way, so I very much welcome the
approach that the Home Secretary is taking, that he is reviewing it and
is going to produce a consultation paper shortly. I am not sure how far
away "shortly" is.

Q116 Chairman: What worries me here, and perhaps Professor Nutt you can
comment on this as well, is that there does not seem to be a blind bit
of evidence which your Committee uses to make any of the decisions on
which you advise the Home Secretary. Indeed, Paul Flynn, the Minister
responsible, one of our eminent MPs, described government policy
decisions on illegal drugs as "largely evidence-free" in evidence to
this Committee.

Professor Sir Michael Rawlins: I cannot answer for him but if you look
at the way we examine the evidence, there is a lot of evidence that we
are able to look at. It is not perfect by any manner or means. There are
gaps and in some areas there are large gaps, but there is evidence and
there is evidence that we can use.
----

Professor Sir Michael Rawlins:... What we are doing is using the system
that we are asked to use, and that is laid out in the Misuse of Drugs
Act. We collect scientific evidence in relation to our responsibilities
in that, but, no, we have not commissioned research into how one might
classify them [illegal drugs]. I think that is a more appropriate thing
to be done by the Government and the Home Office.

Q123 Dr Iddon: Because the classification is set out in the 1971 Misuse
of Drugs Act, could I suggest that you are perhaps operating within a
straitjacket and there is very little flexibility?

Professor Sir Michael Rawlins: There is some lack of flexibility and
that is one of the reasons why we welcome the Home Secretary's decision
to review the classification system and come out with a consultation paper.
------

Q126 Dr Iddon: I agree that there are cultural aspects we have to take
into consideration. Which countries would you advise the Government to
look at in particular that might have different systems than ourselves?

[omitting Proffessor Rawlins' response]

Professor Nutt: I think we should look across a spectrum. Obviously we
have in the past been very interested in the Dutch approach and, as
shown in the RAND Report, the Swedish approach is almost diametrically
opposite, and other European countries like Spain have gone through
quite major changes in the way they regulate drugs in recent years, so
there are lessons to be learnt there.
-----

Q127 Chairman: Bearing in mind that alcohol probably kills directly or
indirectly about 32,000 people a year, tobacco 130,000 people a year,
and those deaths are far in excess of all the deaths caused by the use
of all illicit drugs, why is your committee not enabled to look at
tobacco and alcohol as well as all the other substances?

Professor Sir Michael Rawlins: I think the idea that we would control
tobacco and alcohol in the form of the Misuse of Drugs Act (which would
thereby render them illegal in terms of possession or supply) the
Americans tried in this Prohibition days in the 1930s, and it was a
disaster and just encouraged crime, and quite clearly it is not a
practicable proposition.

Q128 Chairman: But, Professor Rawlins, that is exactly what has happened
in terms of the drugs classification system. It is exactly what happened
with the prohibition of alcohol in the States.

Professor Sir Michael Rawlins: I would not disagree with that. I think
it is important that the Council does not exclude alcohol and nicotine
entirely.
-----

Q129 Dr Iddon: I am not asking for an ACMD view on this but a personal
view. If you were to put alcohol and/or tobacco in one of the present
classifications, bearing in mind the harm that they cause not only to
individuals but also to society, which classes would you put them in?

Professor Sir Michael Rawlins: When the Runciman Committee looked at
this it was very clear that alcohol was at the border of A and B and
tobacco was at the border of B and C.
-----

Q130 Dr Turner: Sir Michael, the point has already been made about the
defects of prohibition and many senior police officers have told me
that, in their view, the way in which we operate the Misuse of Drugs Act
is actually counter-productive as far as dealing with drugs misuse is
concerned, particularly with its emphasise on criminalising personal
possession and use. Do you have a view on this?

Professor Sir Michael Rawlins: Yes, I think the question of possession
versus trafficking is very much the criminal justice and the public
health elements, and I think for possession the public health issue
should be paramount, and I am particularly thinking of vulnerable
sections of society. .......... The worst thing you can possibly do with
somebody with schizophrenia is to send them to jail for two years or
five years or any time, particularly in relation to something like
possession of cannabis. It is totally inappropriate and I do not think
that happens very much, but we want to be helping them not to use it
rather than punishing them if they have a spliff in their pocket.

Professor Nutt: I have a lot of sympathy with your view. I think the
evidence base for classification producing a deterrent is not strong and
we see that with a number of drugs.

------

Q137 Margaret Moran: Obviously your direct relationship is with the Home
Office but how often are you consulted by other ministers or other
departments or have a dialogue with them about some of the issues that
need to be raised?

Professor Sir Michael Rawlins: I do not think in my time in office we
have been approached by other government ministers outside the Home
Office. The Act would allow any secretary of state to ask for our views,
but that has not happened.

----

Q165 Bob Spink: It would perhaps help them [Bob Spink's contituents] to
understand if the ACMD published the minutes of its meetings, for
instance. Why do you not do that?

Professor Sir Michael Rawlins: We have not done it to date. Anyone who
asks would get a version of it. There is sometimes material in the
minutes that we would need to remove because they are based on
intelligence that would not be appropriate in the public domain.
-----

Q166 Bob Spink: Would my 90,000 constituents think it was perhaps a
little loose that you had 38 members, that the membership of the your
body was over-representative of the liberal attitude to drug-taking, and
that you have a necessity of only seven people in a quorum to make
decisions?

Professor Sir Michael Rawlins: Sorry, the quorum is laid out in our
instruments and I do not think it has ever met with a small group like
that. The other question was about the liberal elements. I do not know
whether you would call them liberal or illiberal or whatever. What we
have to do, though, is realise that over the last 30 years the use of
drugs has dramatically increased in this country, and that the criminal
justice system has not prevented that in any way.

Q167 Bob Spink: Nor has the ACMD.

Professor Sir Michael Rawlins: We do not know because we do not have a
scientific basis to make that assessment, with great respect. We do not
have a control trial of half the country with an ACMD and half the
country without. We do not know what would have happened. All we do know
is that in every Western society drug use has increased astronomically
despite all sorts of different approaches. The Americans give 20 years
minimum to life for a second offence of having cannabis in your pocket
and that still has not made very much difference. Crack cocaine in
America is widely used. Penalties and the criminal justice approach has
not worked very well. It may have been worse if we had not got it. Where
I think we are all at fault, not just the ACMD but all of us are at
fault, is not being better at explaining to young people particularly
the dangers of drugs.
----

Q171 Mr Newmark: An important part of everything that we are doing and
that you are doing comes down to the evidence and hard evidence - and I
will go into what I would define as hard evidence a bit later on. As a
start, do you see the role of the ACMD to contribute to the evidence
base or merely to review it?

Professor Sir Michael Rawlins: It is primarily to review the existing
evidence base, although individual members professionally are involved
in capturing information and data. Primarily we are there to examine the
evidence that is available.

Q172 Mr Newmark: You are both intelligent individuals and you are
clearly going to find gaps, I suspect, in that evidence. Do you have the
power to commission any academic research or any study to fill that gap
that you and your team might well identify?

Professor Sir Michael Rawlins: To some extent, yes.

Professor Nutt: We do not have the resources to do extensive novel
research. I think the point you are hitting on is an important one and
linking with organisations that might have those resources is, I think,
something we should be looking to do, and I am particularly concerned
that the ACMD is embedded in the Home Office and the Home Office does
not have any particular representation at the MRC. I have written to
Colin Blakemore about that. Obviously the Department of Health has
representation but the Home Office does not. I think that is a possible
reason why there is a mismatch between research needs in addiction and
research outcomes.
----

Q176 Dr Harris: Is it possible to use a scientifically-based scale of
harm to determine the illegal status of a drug? I notice your matrix has
"other things" in there.

Professor Nutt: I think it can inform. It depends how you want to make
laws. I suppose you could just add the numbers up and say that is how
the law would be, but I suspect you would always want to look at other
factors, particularly the prevalence of the drug in society, which
obviously is another factor in terms of the harm.

Q177 Dr Harris: I was intrigued - and this maybe goes back to Dr Iddon's
point - Professor Blakemore has argued for a scientifically-based scale
of harm for all drugs with alcohol and tobacco included in some form of
calibration. I am curious as to your thoughts on that.

Professor Nutt: I think it is a very sensible idea.
-----

Q188 Dr Harris: In this matrix [used to calculate drug harms] you
include under "social harms" intoxication, health care costs, and other
social harms. Included under "other social harms" do you include the
harm that stems from criminalisation itself?

Professor Sir Michael Rawlins: Yes.

Q189 Dr Harris: You do not spell that out but that is understood?

Professor Sir Michael Rawlins: Yes and whether it leads to acquisitive
crime.
-------

Q193 Dr Harris: Can I come back to what is a key issue with the social
harms thing and you will see where I am coming from in a minute because
there are a couple of questions I want to go through. In this matrix you
have got "other social harms", which I think contains a lot of stuff and
I am somewhat surprised that it is not spelt out for our benefit, but is
one of those the impact of criminalisation and acquisitive crime, and do
you think that should be one-ninth, as it appears to be, or should it be
of greater consequence than one-ninth? You have got three under
"physical harm", three under "dependence" and three under "social
harms". It seems to me for my constituents it matters hugely whether
everyone is shoplifting because you cannot get it legally or the price
has gone up because it is criminal.

Professor Nutt: This is a very fair point and we have discussed it a lot
and we do not know what the appropriate weightings should be. What we
have done is we have come up with probably the most sophisticated way of
assessing drug harms that there is available in the world. What we would
like to do is move to the next stage, get it published, then have
informed feedback, but then modify it into an instrument that really
does capture those sorts of concerns.
-----

Q195 Dr Harris: Your recommendation recommending classification into a
particular class creates social effects, does it not?

Professor Nutt: Indeed it does.

Q196 Dr Harris: Because obviously it brings criminal justice along with
it and that affects the price and availability and so forth. Do you
recognise that? Your own actions impact on the evidence. Did you feed
that back in before you made the recommendation?

Professor Nutt: We know it might happen but you can never be sure how
big an effect that might have. I suppose the best example we might have
now is cannabis. The natural experiment is happening. Cannabis has been
reclassified. We will be able in a few years' time to answer that
question for cannabis because it has changed its classification.
---

Q223 Dr Iddon: I want to know what the evidence was that psilocin and
psilocybin should be classed as A. I have never known anybody use them.

Professor Sir Michael Rawlins: I have no idea what was going through the
minds of the group who put it in class A in 1970 and 1971.

Q224 Dr Iddon: It is there because it is there?

Professor Sir Michael Rawlins: It is there because it is there. However,
since that time there have been very few publications on psilocin. It
has hardly been investigated at all. It was looked at in the 1950s and
1960s at the time of Aldous Huxley, mescaline, LSD and those sorts of
things. Since that time, there has been virtually no work done on it at all.
-----

Professor Nutt: The method of administration clearly determines the risk
to the individual and to society.

Q235 Mr Devine: If the form of the drug can affect its status in this
case, why is there no distinction made between, for example, cocaine
prepared for snorting and coca leaves prepared for chewing?

Professor Nutt: That is a very good question.

Q236 Mr Devine: Is there any answer?

Professor Nutt: We are not as sophisticated with cocaine in terms of the
law as we are with amphetamines.
----

Professor Nutt: .....There is no doubt that methylamphetamine, because
it can be smoked, is more dangerous than traditional dexedrine
amphetamine sulphate. When we reviewed the whole issue of
methylamphetamine, we clearly accepted that it was more dangerous than
amphetamine sulphate. The issue is would you minimise risk to society by
moving it into class A. The reason I believe we did not recommend it at
the time was mostly because there could be a perverse effect. If people
saw methylamphetamine as a more dangerous drug, a more class A
amphetamine, we might well have begun to see importation. There is a
peculiar phenomenon in the UK at present which is that we do not have
very much methylamphetamine. That is based on a couple of historical
facts which relate to precursors and also the preference of the population.
-----

Professor Nutt: There is no question that methylamphetamine is a huge,
international problem. It has caused devastation in Thailand. It has
caused an enormous amount of personal harm and social harm from the
chemical factories in the USA. We do not have a big problem. We looked
very hard when we did the methylamphetamine review to find evidence of
its use in the UK and there is not a great deal of use. It is a very
fine judgment as to whether moving it to class A because it is smokeable
- and I think we could do that - would reduce the chances of it becoming
popular in the UK or whether it would give a message that it is a better
quality product. It might get people who import drugs to realise it
would be extremely easy to import this from Holland particularly. At the
time the decision was made that it was probably better to wait and see.
With many drugs, these epidemics have cycles. They are fashion driven
and it may be that we would get lucky and not get a wave of
methylamphetamine here.
-----

Q250 Chairman: When we are talking about magic mushrooms, could you say,
as a simple yes or no, when the government decided to put magic
mushrooms in class A, was that evidence based? Yes or no?

Professor Nutt: Magic mushrooms contain the active substances which are
in class A.

Q251 Bob Spink: They are not in class A based on evidence. They are
there because they were there.

Professor Nutt: That is exactly right.

Q252 Dr Harris: It is not evidence based; it is historic.

Professor Nutt: Historic evidence, yes.

Q253 Chairman: Was the Council split on that? Do you ever have
disagreements about an issue like that?

Professor Nutt: It seemed somewhat illogical given the fact that we had
not done a systematic review of psilocin et cetera, but we did
understand that under the current Act it was a class A drug.

 

 

 

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