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UK: Opinion: Cannabis should be legally sold in special off-licences

Peter Lilley

The Telegraph

Friday 06 Jul 2001

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THE Tories need bold new policy thinking - particularly on social issues
- which will change perceptions of the party and appeal to those who
shunned us last time. All five candidates agree on that. There is no
better issue to start with than reform of our cannabis laws. It will be
the acid test of whether they really mean what they say.

The present laws have palpably failed. Nearly half of young people try
cannabis and more than a million people flout the law every month. The
police have been increasingly reluctant to enforce the law and the
courts less willing to convict and punish. Now in Lambeth the police
have publicly declared that they will not apply the law at all.

When laws on the statute book are not enforced on the street, that
brings the law, the police and Parliament into disrepute. We need to
bring the two into line, one way or another.

In the final analysis, the reason the law on cannabis is unenforceable
is that it is indefensible - especially in a country where alcohol and
nicotine are legal. I have tried deploying the arguments for
criminalising cannabis in discussions with sixth formers, students and,
come to that, their parents in my constituency. Whether I convinced any
of them, I don't know. But I invariably failed to convince myself. The
arguments for prohibition crumble on close analysis.

The alleged health risks are either bogus or exaggerated. The Lancet
carried out a thorough review of the research evidence and concluded "on
the medical evidence available, moderate indulgence in cannabis has
little ill-effect on health, and decisions to ban or to legalise
cannabis should be based on other considerations".

Defenders of the current law usually rest their case on the assertion
that cannabis is a "gateway drug" that leads ineluctably on to use of
hard drugs such as heroin and crack. In fact there is - as the Lancet
study showed - no way that cannabis chemically predisposes users to move
on to hard drugs. In fact, only a tiny minority of cannabis users -
perhaps one or two in 100 - even try heroin.

Far from preventing people from moving on to hard drugs, the
criminalisation of cannabis makes it more likely. Soft drug users are
forced into the arms of hard drug pushers precisely because both
cannabis and hard drugs are available only through the same illegal
channels.

In addition, the attempt to demonise cannabis and virtually equate it
with hard drugs may also have a perverse effect. Some users, finding
that cannabis is not addictive and does not have the other
characteristics that the "War on Drugs" propaganda suggests, may
conclude that the dangers of hard drugs are also exaggerated.

The key objective of reforming the cannabis laws should surely be to
break that contact between soft drug users and the criminals who push
hard drugs. At the same time, we must restore respect for the law and
focus resources on tackling the real problem of hard drugs - which can
drive people to crime and murder.

I am a conservative, not a radical. Moreover, I want to restore personal
responsibility in this area, not endorse the abuse of cannabis. So I
have looked for the least radical changes necessary to achieve those
ends. Simply reducing the penalty on possession for personal use, or
ceasing to enforce it (which is what the Runciman report set up by the
Police Commission proposed) will not achieve that end. It will still
leave the sale of cannabis in the hands of the drug gangs.

Short of legalising trade in cannabis entirely, the only way to stop
driving soft drug users into the arms of the criminals who push hard
drugs is to license some legal outlets to retail cannabis.

Holland's so-called "coffee shops" (which allow consumption of cannabis
on the premises and sales of retail amounts of cannabis) are the best
known legal outlets. But there is no need to go that far. We could let
the licensing justices give premises off-licences to sell retail
amounts.

Such premises would not be allowed to sell alcohol, or sell cannabis to
those under 18. They would lose the licence even on reasonable suspicion
of handling illegal drugs. Cannabis would be taxed and carry a factual
health warning. Cultivation of cannabis for personal use or for sale to
these outlets would be the logical result, and some legal import of
supplies would probably also be necessary.

It would be wrong to adopt any policy unless we believe it is right and
in line with our principles. But no principle is more central to
Conservatism than belief in freedom and personal responsibility.

One of the biggest handicaps that the Conservative Party faced during
the election was the perception that its policies were negative and
punitive. On crime and asylum seekers as well as drugs, Conservatism
seemed to be about locking people up. It ought to be about setting
people free. Nothing could more vividly dramatise reaffirmation of our
belief in freedom and personal responsibility than to move clearly in
favour of liberalising the law on cannabis.

Next to freedom, Tories stand for hard-headed realism. In recognising
the self-evident failure of the attempt to prohibit cannabis, we will be
addressing realities that other parties choose to ignore.

The section of the electorate where Conservative support was lowest was
among first-time and young voters. And - on cannabis - it is hard to
think of any other issue where young people's views and experiences are
so out of tune with the policy consensus endorsed up to now by both
major parties. A principled and sensible approach to this issue would
make young people look at the Conservative Party in a new light.
Moreover, it would reassure their parents that we have no intention of
giving their children a criminal record for smoking the occasional
joint.

I repeat: these factors should count for nothing if the policy options I
suggest are not desirable in themselves. But they are right in
principle, workable in practice and inevitable in the long run.
Conservatives will be doing the nation, as well as themselves, a favour
by taking them on board.

Peter Lilley was Social Security Secretary, 1992-97


 

 

 

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