Subj: UK: Sco: Police forces turn blind eye to cannabis use



Date: 25 July 1999



Source: Scotland on Sunday







Police forces turn blind eye to cannabis use

By Peter Laing



Possession of cannabis has been effectively decriminilised 

by Scottish police forces, a senior officer has admitted.



An informal policy of confiscating cannabis and warning 

users is now widespread and has been sanctioned at the 

highest level by at least one major force, Lothians and 

Borders. The senior officer told Scotland on Sunday: "Every 

force is doing this to some extent, although they have to 

deny it officially."



Lothian and Borders is instead concentrating on heroin and 

other hard drugs, and last weekend alone arrested 45 people 

as part of its ongoing Operation Foil.



The long-running row over the decriminalisation of cannabis 

was re-ignited after one of the country's most senior 

judges, Lord McCluskey, had criticised the amount of police 

time wasted trying to enforce the laws on cannabis.



Last week, a senior source at Lothians and Borders, speaking 

on condition of anonymity, confirmed that his force, and 

others, have already "effectively decriminilised" cannabis 

possession.



The source said: "For small user amounts we do not put it 

through the criminal justice system. We give a warning, 

which is not recorded anywhere, and we confiscate and 

destroy the drug.



"Small user amounts of cannabis are so common there is no 

point in officers seizing it, having it analyzed at the 

laboratory, and putting it to the procurator fiscal.



"As far as I am aware, everyone is doing the same, but 

obviously can't own up to it. It is better to concentrate 

our limited resources on dealers."



Mike Cadger, of drug group Crew 2000, said their evidence 

suggested people caught with up to an eigth of an ounce of 

cannabis resin were likely to escape with confiscation and a 

warning. Such an amount is worth about UKP15 on the streets 

and enough for 8-16 joints. He added: "The danger is that, 

because it's unofficial policy, it is not always 

consistent."



John Lang, project co-ordinator of the West Fife Community 

Drugs Project, said: "I believe there is an unofficial 

adoption by some police that small amounts of cannabis 

should not be prosecuted."



And Dave Liddell, of the Glasgow-based Scottish Drugs Forum, 

said: "The anecdotal evidence suggests the same thing is 

going on throughout the country, but seems to depend on 

individual officers."



Roseanna Cunningham, the SNP's legal affairs spokeswoman, 

said: "This is not an acceptable state of affairs. We cannot 

afford for law and police practice to be developing in a 

piecemeal fashion across the country.



"If this is happening it shows there is a vacuum in the law 

to be filled. The SNP wants special drugs courts, allowing 

the higher courts to deal with more serious crime."



Tory law and order spokesman Phil Gallie said: "It may be 

that we should consider bringing in on-the-spot fines."



Rank-and-file police officers are also concerned. One said: 

"it is a police officer's duty to enforce laws. This 

increases the risk that different standards of justice will 

develop across the country."



Scotland on Sunday asked all eight Scottish forces to 

comment but only four replied. Three - Strathclyde, Tayside 

and Central - denied they ever ignored cannabis possession.



Lothians and Borders officially denied any softening towards 

their policy on drugs, but admitted that in cases where 

there was "dubiety" about who possesed the cannabis, 

officers could use their discretion to confiscate, and take 

no further action.