Cannabis reclassification - January 2004 Still illegal and still harmful What is changing Classification, decriminalisation and legalisation – what do they mean? Cannabis use Policing cannabis Health and other issues Other sources Contacts 1. What is changing? The legal effect – formalising what is already happening informally Upon reclassification on January 29, it will remain illegal to possess cannabis. According to guidance issued to police by The Association of Chief Police Officers (ACPO), there should be a presumption against arrest if people are found to have small amounts of cannabis in their possession. The implementation of this guidance is dependent upon the discretion of individual officers and the policing priorities of particular forces. Offences for supply and trafficking of all Class C drugs will increase to a maximum penalty of 14 years in prison There are certain circumstances in which people may be arrested if their actions are seen to be beyond ‘simple possession’: If people are smoking in public and obviously flouting the law. This includes concerts, community events etc. If they are 17 or under. If caught in possession of cannabis in or around places where children congregate – such as schools, youth groups etc. This is designed to discourage dealing to children; it is unlikely that individuals would be arrested for being in possession whilst simply passing by a school. However, if there is any evidence of dealing you will be arrested automatically. If people are known locally to be repeatedly in breach of the law. 2. Classification, decriminalisation and legalisation – what do they mean? The above words all mean very different things, yet are often used in the media synonymously. Classification – all illegal drugs are classified under the Misuse of Drugs Act 1971 (MDA). Their classification reflects the harmfulness of the drug. This must be measured by taking into account “physical harm, their pleasurable effects, associated withdrawal after chronic use, and the harm that misuse may bring to families and society at large.” Scheduling – the MDA also determines who is authorised to supply and possess certain drugs, particularly if they have medicinal uses (i.e. heroin, morphine). Schedule 1 means that there are deemed to be no medicinal uses and that production and supply are on Home Office approval only. Categories are extended depending on the drugs’ uses and who can produce or supply through to Schedule 5, which, because of preparations and strength are not controlled. Decriminalisation – refers to the fact that the criminal justice system should not be used for offences like possession. Anyone in breach of the law would face a civil penalty, like an on-the-spot fine, and not a criminal penalty. The current situation with cannabis is not decriminalisation as cannabis possession remains an arrestable offence. Legalisation – would mean that drugs are distributed through legitimate commercial channels. Drugs would be regulated and manufactured as are other commodities. Proponents of legalisation argue that if cannabis were legalised, it could be distributed with the same safeguards as – for example – alcohol, with age restrictions and health warnings about excessive use. 3. Cannabis use Reclassification DrugScope supports reclassification of cannabis as a Class C drug. We support the evidence that cannabis, on balance, is not as harmful as other Class B drugs, although we do know that it is not a harmless drug. DrugScope believes people who possess small quantities of drugs, especially cannabis, for their own personal use should not be treated as criminals. This is about people getting criminal records for experimenting with drugs or punishing people for drug dependency.   How many people use cannabis? Percentage of people having used cannabis 2002/2003   16-24 25-34 35-59 16-59 Last year 25.8 14.9 4.3 10.9 Last month 16.2 9.4 2.5 6.7 Number of cannabis users   Best estimate Low estimate High estimate Last year 3,357,000 3,212,000 3,508,000 Last month 2,068,000 1,952,000 2,190,000 Cannabis is the most commonly used drug for all age groups. 20-24 year olds have the highest usage: last year – 27.2%; last month – 17.1%. 16-19 year olds’ usage was last year – 24.6%; last month – 15.3%. Source: 2002/2003 British Crime Survey   Drug use DrugScope would argue that we need an open education and information campaign on the associated risks of cannabis use, particularly heavy use and mixing cannabis with other drugs, including alcohol. It is necessary to discuss drug use without the fear that this will be misinterpreted as condoning use. DrugScope is not aware of any evidence that reclassification will necessarily increase use of cannabis. On the contrary, changes in the way cannabis use is penalised in Australia, the Netherlands and the US have not led to significant increases in use. 4. Policing cannabis Cannabis possession Nine in ten of all drug arrests are for unlawful possession with the vast majority being possession of cannabis. Source – Table 3.3: Persons found guilty, cautioned or given a fiscal fine for unlawful possession of cannabis From the evidence above we see that arrests for cannabis possession have doubled in the last ten years. Source: Drug Seizure and Offender Statistics – Home Office Statistical Bulletin, United Kingdom, 2000, 4/02 How much does it cost to police cannabis? May et al calculated a crude estimate of the financial cost of policing drug offences by taking into account the total expenditure on criminal justice agencies divided between different functions: o In 1999, there were just under 112,000 recorded drug offences (both trafficking and possession). o The total cost of policing drug offences was £516 million. o Therefore the cost per drug offence would be £4,605. o There were 76,769 cannabis possession offences in 1999. o Cost of policing cannabis in 1999 is therefore estimated at £350 million. Another estimate of the cost to policing cannabis could be made by measuring the time spent on processing cannabis cases. Tiggey et al analysed in detail a sample of custody records for cannabis possession. They found that police officers took on average 3 ½ hours to deal with a cannabis offence, from the time of arrest until return to the beat. In most cases police officers would be working in pairs, especially at night when most cases were recorded. They then made a further allowance for time spent on additional tasks done after the offender’s release, cautioning or case preparation etc. These findings are consistent with the police evidence presented to the Home Office Select Committee on Drugs Policy that an arrest for cannabis possession absorbs 5 hours per officer per case. This yields a figure of 770,000 hours per year – equivalent to 500 full-time officers. Source: Tiggey May et al Times they are a-changing: Policing of cannabis (Joseph Rowntree Foundation 2002) analyses the effect and costs of policing cannabis. Police discretion In light of the above statistics, DrugScope would argue for a more appropriate targeting of police resources. If the ACPO guidance is respected amongst police forces, more resources will be available for policing other crimes such as burglary and robbery. DrugScope thinks that police discretion in relation to the prosecution of drug possession offences in general should fully reflect the spirit of the ACPO guidelines. We would like to see evidence of how the Government and ACPO monitors this change in the law, in particular its impact upon the different rates of stop and search and arrests amongst various community groups. There have been various articles in the media about the relationship between cannabis and mental illness, and about cannabis leading people on to using other drugs such as heroin or crack cocaine. 5. Health and other issues Mental Health DrugScope recognises some research into the linkage between cannabis use and mental illness and reiterates that cannabis is not a harmless drug. However, we do not believe that the current evidence is sufficient to support an assertion that cannabis causes mental illness. Further public education initiatives should be undertaken to ensure that people, especially those with a predisposition towards mental illness, are aware of the dangers of taking any illegal drug, and of the particular risks associated with cannabis. The associated risks are often linked to heavy consumption of the drug, which does not necessarily reflect the way that a majority of people use cannabis. Classification of a drug must reflect the totality of harm on society and be accompanied by evidence-based information on the risks to those who use disproportionately, mix with other drugs or binge. Gateway theory DrugScope’s understanding of the evidence base does not support the theory that cannabis leads to use of other drugs, although we recognise that many people who use drugs such as heroin or crack cocaine also use or may have used cannabis in the past. DrugScope is aware of evidence from other countries such as the Netherlands showing that implementing policies based on a differentiation between the varying harm that drugs cause has had positive benefits in limiting public access to the most dangerous drugs. 6. Other sources DrugScope information on cannabis DrugScope media guide DrugScope drug information DrugScope Pathfinder on Cannabis Release – legal information Government information talktofrank.com drugs.gov.uk Association of Chief Police Officers Contacts DrugScope has various spokespeople to comment on this and other drug-related issues. Please contact the press office – 020 7928 1211 or press@drugscope.org.uk Latest news For the latest news relating to cannabis see our cannabis page.