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UK: Cannabis reforms sow police confusion
Richard Ford and Philip Webster The Times
Thursday 11 Jul 2002 DAVID BLUNKETT'S gamble yesterday in overhauling Britain's drug laws for the first time in 30 years opened the way for months of confusion over how the law on cannabis will be enforced. Police forces throughout Britain are expected to operate a 'softly softly' approach towards people found in possession of cannabis. But exactly when the new policy will come into force remains unclear, senior police officers admitted last night. Official police guidelines on dealing with cannabis users are months away. The Home Secretary's bold move to downgrade cannabis from a Class B to a Class C drug was dealt a damaging blow when Keith Hellawell, the former drugs czar, announced his resignation as a government adviser in protest at the decision Mr Blunkett, facing down a storm of protest over his plans to make cannabis possession for personal use a non-arrestable offence, told MPs that the Lambeth experiment, which has seen police in the South London borough focus their energies on hard drugs users and dealers, will be extended across London in a modified form the autumn. His officials said later that the same practice, under which police will seize cannabis from people found with the drug and give them a warning, could apply across the country by the late autumn. Oliver Letwin, the Shadow Home Secretary, said: 'The more we listened to the Home Secretary this afternoon, the clearer it became that the Govenment and the law are now in a state of utter confusion on the vital question of drugs.' Critics said last night that the law was confused, with soft drugs users in some parts of the country certain to be treated differently than those in others. At the same time, higher sentences promised by Mr Blunkett for dealing in cannabis would not be in force for at least a year, leaving a vacuum in the law. Home Office officials said that the Association of Chief Police Officers, which backs the change, would be issuing guidance in October to ensure that in the vast majority of cases officers would confiscate the drug and issue a warning, allowing them to concentrate their efforts on Class A drug dealing. The Lambeth experiment has resulted in a 10 per cent increase in the arrest of Class A dealers. Changes in police practice are now expected across the country well before cannabis is officially reclassified as a Class C drug. In late changes designed to appease his critics, Mr Blunkett, who insisted that possession of cannabis would remain a criminal offence, decided that it should remain an arrestable offence where public order was threatened or or where children were at risk. He has also decided to increase the penalty for dealing in cannabis beyond the ten years disclosed four days ago to 14 years. The move is aimed at drug dealing outside schools. These changes will require legislation in the next session of Parliament. Mr Blunkett has decided that the downgrading will not happen until then. While senior police officers welcomed the decision to reclassify cannabis, they admitted that there would be confusion as to how the law would operate in the 12 months until Parliament votes on reclassification and the new aggravated offences, under which possession of cannabis will remain an arrestable offence. Mr Blunkett, under attack from Conservatives in the Commons, admitted to a Labour MP that the changes could be a gamble. 'There are no certainties in dealing with drugs policy,' he told Kate Hoey (Vauxhall). The Home Secretary and Downing Street tried with little success to play down their anger over Mr Hellawell's resignation. The former Chief Constable of Yorkshire announced on thew BBC Today programme that he had quit because the reclassification of cannabis was 'giving out the wrong message'. He said drug dealers would be euphoric. Mr Blunkett said that when he had informed Mr Hellawell last October of his intention to refer the downgrading to the Government's advisory committee on the misuse of drugs, he had agreed. Officials said that Mr Blunkett had told him at a meeting on October 17 that he was moving to reclassify cannabis and refer it to the committee. Mr Hellawell had welcomed it. There was a minute to that effect. Tony Blair's spokesman also said officials were 'bemused' by Mr Hellawell's comments. 'He has had three meetings with (drugs Minister) Bob Ainsworth and hasn't indicated any concerns on this front,' the spokesman said. Blunkett's plans from next July Carrying cannabis or smoking at home: Possible warning and confiscation. Grey area Buying a lump of cannabis from a dealer in the street: Warning and loss of cannabis. Dealer arrested and charged Smoking cannabis in a pub or club: Possible arrest. Risk to public order is aggravating factor. Grey area Smoking a joint near a school: Arrest. Possible influence on children is aggravating factor Smoking a joint in front of police officer: Arrest. Chief constables concerned about taunting of police But what will police do tomorrow? Cumbria: 'You have got me beat . . . but I don't think our policy has changed.' South Wales Police: 'It was on the news this morning . . . any arrest is still subject to discretion.' Avon and Somerset: 'If it was a small enough amount you would be cautioned.' Metropolitan Police: 'Don't do it. It's too early not to get arrested for smoking it.' Kent: 'As far as we are concerned, it is still an arrestable offence.'
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