Could cannabis be decriminalised in the UK?

Metro

5 days ago

The cannabis debate has resumed in full force after the Mayor of London renewed his call for decriminalisation.
The controversial topic has made headlines again after Sadiq Khan backed calls for possession of small amounts of natural cannabis to be decriminalised after a new report made a 'compelling' case for it.
Campaigners fear that countless lives could be ruined for a minor possession for personal use if the law is not changed, which they say disproportionately targets marginalised communities.
The London Drugs Commission study, led by Lord Falconer and backed by more than 200 experts and academics, urged the government to change how cannabis possession is policed.
Lord Falconer, the chair of the report, said: 'This is the most extensive consideration of what is the correct public policy response to cannabis in recent times.
'It is clear that a fundamental reset is required. Legalisation is not the answer. The criminal justice system response needs to focus only on the dealers and not the users.
'Those who suffer from the adverse effects of cannabis – which may be a small percentage of users but it is a high number of people – need reliable, consistent medical and other support.'
But, is there a change on the way, and is cannabis use in the UK already decriminalised anyway?
Cannabis has never been officially decriminalised, but there is already a 'de facto decriminalisation' in some areas, Steve Rolles, a senior policy analyst with Transform Drug Policy Foundation told Metro.
Currently, cannabis is a Class B drug under the Misuse of Drugs Act, meaning possession can lead to a fine, imprisonment and a criminal record.
Decriminalised – Decriminalisation of a drug like cannabis, or some aspects of use or possession, is about removing criminal sanctions for the offence, and there would be no criminal record
– Decriminalisation of a drug like cannabis, or some aspects of use or possession, is about removing criminal sanctions for the offence, and there would be no criminal record Legalisation – This would allow a regulated and taxed cannabis market to exist in some form. In a legalised system, which exists in many US states, cannabis could be sold through commercial pharmacies or shops, or, like in Malta and Germany, through cooperative-owned associations
The report is proposing that cannabis be regulated under the Psychoactive Substances Act instead, which would mean there would no longer be a criminal punishment like a fine or caution that leavers a criminal record, potentially forever.
Steve said: 'A lot of people have their lives blighted by criminal records. It can impact your work, your ability to travel, to get housing and finance, and affect relationships, and it can be very stigmatising.
'Criminal record from cannabis use is affecting marginalised communities, in particular young black men. And those records can blight their lives forever.
'If you can't get a job or housing, you are more likely to get into crime. And those are the things we are trying to stop.
'And it is a huge drain on police resources, and every time police focuses on that, it is away from something else.'
A full-scale decriminalisation could reduce stop and searches for cannabis which 'many do not consider worse than a pint,' he said.
Users would be diverted to other services away from the criminal justice system, which is already under pressure.
Steve said: 'We already have these schemes in a number of police forces, but not all of them. They are called diversion schemes, and it happens in some London boroughs too.'
He said the diversion approach is 'decriminalisation in practice.'
The Met Police – the UK's biggest force – has not warmed up to the thought of decriminalising even small-scale possession.
Commissioner Sir Mark Rowley said that while drug use is a 'big issue' for communities, a change in the law is 'not something we're calling for.'
Steve accused the Met Police being 'behind the curve,' saying that the College of Policing has 'advocated for diversion as a best practice.'
He said that decriminalising possession is 'not the same as legalising anti-social behaviour in public or proposing to legalise anti-social behaviour while driving.'
'Legalising does not mean legalising everything, like giving cannabis to children or flying a plane when out of your mind. No one is talking about that,' he said.
People can access medical cannabis legally when it is prescribed by a specialist doctor.
This became possible in 2018.
The expert said that diversion is 'kind of the same' as decriminalisation, which many police forces do in practice.
'There are 14-15 forces, including the whole of Scotland, where possession is treated as a diversion, where you will not get arrested and a criminal record for small-scale possession of any drug,' he said.
'Durham was one of the first to do it, and Bristol, where we are based, is very good for diversion.'
Germany partially decriminalised small amounts of cannabis possession from July 2024.
Brazil has also decriminalised personal use of cannabis, the largest country to do so.
Malta went a step further when it became the first European country to legalise the cultivation and possession for personal use, followed by Luxembourg.
Canada allowed the recreational cultivation, possession, acquisition and consumption of cannabis in 2018, the second country after Uruguay to do so.
In the US, Recreational cannabis use is allowed in 24 out of 50 states, while medical use is allowed in 39 states. At a federal state, possession and distribution is technically illegal, but the law is generally not enforced, and there are plans for a review in the pipeline.
It appears that the government has no intention to change to law anytime soon.
A Home Office spokesperson said: 'We will continue to work with partners across health, policing and wider public services to drive down drug use, ensure more people receive timely treatment and support, and make our streets and communities safer.
'The government has no intention of reclassifying cannabis from a Class B substance under the Misuse of Drugs Act.'
And Prime Minister Sir Keir Starmer is unlikely to push for this to change either.
He told Politico in 2023, when he was still in opposition, that his party has 'no intention' to change drug laws, and their approach is 'settled.' More Trending
Steve told Metro the government is dragging its feet on drug reform, saying it is likely to change eventually.
'We are on the cusp of change.
'Either public opinion continues to tilt towards reform, or it will be economic priorities.
'We would generate about 1 billion in revenue and save about half a billion in the criminal justice system. We are hosing a lot of money into a failing policy, and those realities could come back to bite the government.'
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