Sadiq Khan: Cannabis should not be criminal
Sir Sadiq Khan has called for cannabis possession to be decriminalised over concerns that drug laws are damaging police relations with ethnic communities.
The Mayor of London, who oversees Britain's biggest police force, backed decriminalisation after his independent London drug commission found that cannabis laws were 'disproportionate to the harms it can pose, particularly in the case of possession for personal use'.
The commission led by Lord Falconer, the former Labour justice secretary, recommended that the possession of small amounts of natural cannabis should no longer be a criminal offence. Dealing or producing the drug would remain illegal.
Police would no longer be able to deploy stop and search solely on the suspicion of cannabis possession, the report said, adding: 'The law with respect to cannabis possession is experienced disproportionately by those from ethnic minority (excluding white minority) groups, particularly London's black communities.
'While more likely to be stopped and searched by police on suspicion of cannabis possession than white people, black Londoners are no more likely to be found carrying the drug.
'Cannabis policing continues to focus on particular ethnic communities, creating damaging, long-lasting consequences for individuals, wider society, and police-community relations.'
Sir Sadiq does not have the power to legalise cannabis in London, which the national Labour party – including Sir Keir Starmer and Yvette Cooper, the Home Secretary – has opposed.
Sir Keir said in 2023 he did not plan to change drug laws if he won the election and last night, the Home Office said it had 'no intention' of reclassifying cannabis.
Sir Sadiq urged ministers to consider the proposals, saying: 'The London drugs commission report makes a compelling, evidenced-based case for the decriminalisation of possession of small quantities of natural cannabis, which the government should consider.
'It says that the current sentencing for those caught in possession of natural cannabis cannot be justified given its relative harm and people's experience of the justice system.
'We must recognise that better education, improved healthcare and more effective, equitable policing of cannabis use are long overdue.'
The commission ruled out full legalisation of cannabis because any benefits from tax revenues and reduced crime were outweighed by the potential longer-term health impacts on users.
Instead, it proposed an alternative where natural but not synthetic cannabis would be removed from the Misuse of Drugs Act and brought under the Psychoactive Substances Act.
This would mean possession of small amounts of cannabis for personal use would no longer be a criminal offence but importing, manufacturing and distributing the drug would remain a criminal act.
Under proposed pilot schemes, people caught in possession could be offered counselling and education.
Chris Philp, the shadow home secretary, said the Tories would oppose any move to decriminalisation.
He said: 'Possession of cannabis should not be decriminalised like this. We have seen some US and Canadian cities devastated by soft policies on addictive and harmful drugs – now Sadiq Khan wants to send London the same way.
'Cannabis is illegal for a reason. It is associated with anti-social behaviour and heavy use can lead to serious psychosis and severe mental health problems. US and Canadian cities which tried this approach have ended up as crime-ridden ghettos with stupefied addicts on the streets and law-abiding citizens frightened to go there.
'Sadiq Khan is more interested in politically correct posturing for the benefit of his Left-wing friends than he is in making London a safe and nice place.'
Under current laws, cannabis is a class B drug and those found in possession can face an unlimited fine or up to five years in jail.
But almost three quarters (72 per cent) of people caught with cannabis are not prosecuted as police forces have adopted schemes where first offenders are offered the chance to undergo treatment and education rather than get a criminal record.
As home secretary in Sir Tony Blair's new Labour Government, Lord Blunkett announced in 2001 that cannabis would be downgraded from class B to class C, reducing the jail sentence to a maximum of two years.
This was reversed in 2009 by Baroness Smith of Malvern, the home secretary at the time who is now an education minister, after Gordon Brown became prime minister. Reclassification to class B was hinted at as early as 2005 by Ed Balls, an ally of Mr Brown and husband of Ms Cooper, who said cannabis and the Iraq war were mistakes from which Labour needed to learn.
The public is divided on legalisation of cannabis, with 45 per cent backing it and 42 against, according to a YouGov poll in January. Tory voters were two to one against, by 64 per cent to 28 per cent, while Labour voters were in favour by 53 per cent to 33 per cent.
Evidence from the US has been mixed. Some states reported reductions in some crimes and tax revenue gains worth tens of millions but in most there has been an increase in drug use and admissions to hospital.
The commission report admitted 'early adopters of legalisation urge caution'.
It said: 'Risks remain and evidence does not suggest these, at least currently, are outweighed by benefits such as tax revenue rises (in commercial models) or reductions in pressures on criminal justice systems.
'Moreover, legalisation by no means abolishes the illicit cannabis market. Overall, in our view there remain too many unknowns about the longer-term impacts of legalising cannabis, particularly those relating to public health.'
Lord Falconer, a former lord chancellor, 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. And there needs to be much more education on the risks of cannabis use.'
A Home Office spokesman 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.
'We have no intention of reclassifying cannabis from a Class B substance under the Misuse of Drugs Act.'
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