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UK: Police force lottery over drug law

Helen Carter

The Guardian

Friday 23 Jan 2004

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A Guardian survey today reveals widespread confusion and inconsistencies
about how the police will enforce the new law on cannabis.

As the Home Office unveiled its UKP1m publicity drive on next week's
downgrading of cannabis to a class C drug, a survey of 45 forces in
England, Wales and Northern Ireland, found discrepancies in policy.

Some will operate a strict "arrest all" policy even for possession of small
amounts while in other areas, officers will caution adults found with
modest amounts, preferring instead to concentrate their efforts on harder
drugs.

Cannabis will be downgraded next Thursday from class B to class C, despite
concerns from some doctors that it is unsafe. The Conservatives claim
reclassifying the drug is a mistake and the party leader Michael Howard
pledged to reverse the policy

David Blunkett, the home secretary, said there was little point in
pretending to young people that cannabis was as dangerous as crack cocaine
and heroin. He wanted a transparent, non-variable, understandable policy
across the country.

Some forces, such as Gloucestershire, Derbyshire and Hertfordshire will
always arrest users of cannabis even for possession of small amounts. But
in Cleveland and Northamptonshire, cautions have been used for some time.

Cleveland said: "We operate a cautioning policy which has been in place for
many years. If a small amount of the drug is found on a person with no
previous convictions and the drug is for their own use, they will get a
caution. If the person has previous convictions he can be arrested, but in
all cases officers use their discretion."

In Scotland the deputy justice minister Hugh Henry said there would be no
change in practice. Although reclassification applies across the UK,
policing and law and order are devolved responsibilities.

There are also anomalies in forces, such as on the Isle of Man and Jersey,
which are out of the Home Office's jurisdiction. On the Isle of Man the
automatic power of arrest will be lost next Thursday, but will be
reinstated two or three months later.

A member of the Isle of Man drugs squad said: "Our officers normally arrest
100% of people found in possession of cannabis and 99% of them have drug
arrest referral treatment."

Police in Jersey said they had no intention of following the downgrading
and it would remain illegal to possess or supply cannabis. "Despite the
changes in England it will remain illegal to possess or supply any amount
of cannabis," said the force.

Detective Chief Superintendent Jeremy Alford, head of crime management for
Hertfordshire police, said: "Possession of cannabis remains illegal;
however most offences will be dealt with by a police warning and confiscation."

Doctors have expressed concern over the reclassification, with the BMA
warning chronic cannabis smoking can increase the likelihood of heart
disease, lung cancer, bronchitis and emphysema. Psychiatrists have also
linked the drug to cases of psychosis.

Dame Helena Shovelton, chief executive of the British Lung Foundation,
said: "Research carried out by the charity found that smoking cannabis
alone can cause severe lung damage."

The campaign, which began yesterday, is designed to send the message that
cannabis will remain illegal after it is downgraded. Radio adverts targeted
at young people will be played on 48 national and regional commercial
stations, with leaflets and information packs sent out to schools' drug
advisers, drug action teams, charities, student unions and health organisations.

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