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UK: Drug misuse,The weight of evidence

The Guardian

Saturday 10 Jun 2006

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Somewhere in Britain this morning there will be several hundred worried
families. Their children will have been caught with cannabis last night
and they will be charged with either possession or dealing. The current
system is a perilous game of chance, under which, although the risks of
being caught are marginal, for the few who are the consequences can be
ruinous. About 3.6 million people, mostly young, use the drug at some
point in a year, but only 45,000 in the last statistics (2004) were
caught for possession and 2,200 for dealing. Serious though this
situation is, the future looks even grimmer. As our home affairs editor
reported this week, new tough proposals drawn up by the Home Office
would make drug users caught with even small amounts of cannabis -
sufficient for just 10 joints - liable to be classified as dealers. The
current maximum for this offence is 14 years. Drug policy has swung from
one extreme to another in the space of just six months.

Last November the Home Office published a consultation paper under which
thresholds were set, under which there would be an "evidential
presumption" that a drug user was a dealer. Different amounts were set
for different drugs. The paper concentrated on either frequently used
drugs (cannabis, ecstasy) or seriously harmful (heroin, crack, cocaine).
The paper was severely criticised by drug experts for a variety of
inconsistencies. For example the threshold for cocaine was set at two
grams costing £100, but for ecstasy a mere five tablets, costing £15.
Some ecstasy users consume 10 over a weekend, making another group of
users vulnerable to dealing charges.
But what caused the biggest furore - particularly in the tabloids - was
the threshold for cannabis: up to 500g of resin, sufficient according to
tabloids to create 2,400 "spliffs". This, they noted, would be
equivalent to six every day of the year. Now this threshold has moved
from the absurdly high to the ludicrously low - just 5g or one fifth of
an ounce. Equally serious was the confusion which the November document
generated. It was interpreted by many - including the Metropolitan
commissioner - that only people carrying above the threshold would be
liable to prosecution. Those below were presumed to be safe, which was
wrong. People found with dealers' paraphernalia, for example, would be
subjected to prosecution.

The latest Home Office proposals were sent to the Advisory Council on
the Misuse of Drugs, which sensibly rejected the 5g for cannabis -
raising it to 28g - and presumably also raised threshold for ecstasy.
The council, which includes some of the world's leading drug
specialists, has an admirable record of sane advice. In its 30-year
history, no one can remember a home secretary ignoring a council
proposal. Hopefully, then, the latest corrections will be accepted and
the new home secretary can turn his eye to another dysfunctional
directorate in his empire.

Neutral observers may still be concerned by last year's reports, which
suggested regular use of cannabis might have more serious mental health
consequences than previously thought. These too were examined by the
advisory council, which found that this was true in an exceptionally
small group. But the council insisted that cannabis should remain a
class C drug, to which it was downgraded three years ago. Category C
does not decriminalise the drug, but places more emphasis on cautions
and confiscation. Better still, it freed up more police time to
concentrate on more harmful drugs. The new Conservative leader sensibly
noted this week that "a succession of very tough-sounding measures
haven't really delivered". Yet Labour, which downgraded the drug in its
2005 act, still seems to prefer tough rhetoric. It still has not learned
that a war on drugs is a war on the nation's children.

http://www.guardian.co.uk/leaders/story/0,,1794317,00.html

 

 

 

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