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Media/News > Press Releases > Home Office has made a hash of drug law enforcement

11/09/03

Cannabis is due to be reclassified as a class C drug in January 2004. The Association of Chief Police Officers have issued new guidelines on enforcing the cannabis possession offences. (see notes for editors)

Transform director Danny Kushlick said:

"It is the continued prohibition of cannabis supply that has made drawing up policing guidelines so complicated. We are now beginning to see the formalisation of a totally anomalous policy that tolerates possession but prohibits supply, leaving us in an unsustainable and confusing legal no mans land.

"Cannabis should never have been prohibited in the first place, but the sensible course now is firstly to follow the path of Holland and decriminalise small scale supply, and then move towards full legalisation and regulation of cannabis production and supply as is likely to happen in Switzerland in the next year.

"The new Criminal Justice Act increases the penalties on class C drug offences to near the level of class B offences, and make possession of class C drugs and arrestable offence. This makes a nonsense of the idea that reclassification is intended to make punitive distinctions between drugs according to relative harm. The effect has also been to actually increase penalties for drugs already in class C, meaning that this reform is, in some respects, a step backward.

"What should have been a relatively simple reform has turned into a fiasco, and distracted attention from the real drugs problem in this country which is the illegal markets for heroin and cocaine. There is an urgent need to examine ways to legally control and regulate these markets, Until this happens the dangerous and lucrative trade will be left in the hands of organised crime and street dealers, continuing to create crime and mayhem across the country.

Notes to editors

"The proposed reclassification of cannabis will mean that officers will still have a power of arrest for simple possession. In the spirit of the Home Secretary's decision to reclassify cannabis, the new guidance recommends that there should be a presumption against arrest. In practice, this means that in the majority of cases officers will issue a warning and confiscate the drug. Police officers will be expected to use their discretion and take the circumstances of each case into account before deciding whether to arrest or not.

"The guidance suggests that arrest will be considered in circumstances such as the smoking of cannabis in public view, repeated possession of the drug, public disorder as a result of cannabis possession or possessing cannabis in the vicinity of premises frequented by young people, such as schools and youth clubs. Young people (under 18s) who are found in possession of cannabis will receive a formal warning at a police station.

"The reclassification of cannabis will allow police to focus more time and resources on Class A drugs. That said, despite reclassification, it remains illegal to possess cannabis."

Read the full press release: http://www.acpo.police.uk/news/2003/q3/cannabis_guidelines.html

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