The way the UK government handles drug crime is extremely outdated. The UK still abides by a traditional, punitive system regarding drug related issues. The world at large is adopting a more health-focused approach to tackling drug crime. Even since the early 2000s, hundreds of medical and political institutions have called for drug policy reform. Over 5% of the global population[1] uses drugs, including hundreds of thousands in the UK. There have been many potential solutions to drug related issues, namely decriminalisation. The United Nations Chief Executives Board unanimously endorsed the decriminalisation of drugs as a solution to substance abuse issues.[2]
Despite the vast amount of research supporting the merits of decriminalising drugs, few people fully comprehend what that entails. As seen in over 30 countries such as Switzerland and Germany, there are varying degrees of decriminalisation. The common trait is that decriminalisation, contrary to popular belief, does not make drugs legal. It simply reclassifies the possession and use of drugs as civil offences or some equivalent.
The topic of decriminalisation has been discussed among healthcare professionals and politicians in the UK extensively.[3] Scotland has been a consistent advocate of decriminalising drugs as a solution to substance abuse for several years. In 2019 the Scottish Government officially urged the UK Government to consider the decriminalisation of drugs to help combat the ongoing drug crisis. They specifically stated that the criminal justice approach to drug issues has failed and that the Misuse of Drugs Act 1971 is outdated.[4] The Scottish Government presented many witnesses and studies proving the merits of decriminalisation and harm reduction policies. The Assistant Chief Constable of Police for Scotland stated that criminalising small counts of possession and other minor drug offences only furthers the problem.[5] A minor drug conviction will more often than not lead to higher exposure to drugs within the prison system and thus more problems upon release. It is clear that the principles of decriminalisation are backed by healthcare experts as well as law enforcement. The UK Government acknowledged the merit of this inquiry as well, yet only offered very mild and specific reform to the act. Reform is of the utmost importance.
As early as 2002, the Home Affairs Committee was recommending that the legalisation of drugs could one day be a solution to drug problems. Their main concern was that due to the cultural state of the world at the time, legalisation or decriminalisation would send the wrong message to the people. Public opinion on drug use has changed dramatically since, and significantly more so from when the Misuse of Drugs Act 1971 was first instituted. As of June 2023, over 60% of British people believe that soft drugs should be decriminalised or legalised.[6] Clearly, the country is ready for decriminalisation policies to be introduced.
There are hundreds upon hundreds of scientifically backed studies, as well as reports from reputable institutions that support the decriminalisation of drugs. The most overwhelming evidence, however, comes from countries that have already instituted such policies. The earliest example comes from Portugal in 2001. They adopted a health-centric approach to drug laws over 20 years ago, whilst in the middle of a drug epidemic.[7] It is critical to understand that Portugal did not legalise drugs, but decriminalise the acquisition and possession of them. As well, dealers and suppliers still face criminal penalties. Decriminalisation is often mischaracterised as a blanket legalisation of all drugs which is not the case. In 1999 before the drug reform laws, Portugal had the highest rates of heroin use and HIV in Europe. Now they maintain some of the lowest, as well as one of the lowest all around drug use rates in the EU.[8] In the same vein, they boast some of the lowest numbers of people incarcerated over drug related offences. This significantly decreases the workload of law enforcement agencies and helps combat prison overcrowding. These policies have allowed Portugal to allocate more of their resources towards treatment and prevention of addiction, rather than punishment. Decriminalisation in Portugal has been a resounding success and they have consistently been a world leader for drug reform.
The world has changed and adapted considerably in the more than 50 years since the Misuse of Drugs Act 1971[9] was introduced, yet drug laws in the UK are still largely governed by this singular, outdated act. Addiction is considered a mental illness, yet addicts are detained and jailed without a second thought. Infuriatingly, world leaders have had a solution for many years. The decriminalisation of drugs approaches addicts from a health-centric point of view. It reduces the use and abuse rates of drugs. It can help decrease the load of the prison system and reduce the stigma keeping so many from getting help. The UK has the worst statistics in Europe regarding most drug related issues. Clearly the current system is not working. Instead of clinging to outdated statute, the UK should look to adopt some of the policies that have helped in so many other countries.
References:
[1] UNODC, World Drug Report 2023 (United Nations Publication, 2023) 12.
[2] UN High Commissioner for Human Rights, ‘End ‘War on Drugs’ and Promote Policies Rooted in Human Rights: UN experts’, (United Nations, June 2022) <https://www.ohchr.org/en/statements/2022/06/end-war-drugs-and-promote-policies-rooted-human-rights-un-experts> accessed 8 November 2023.
[3] Select Committee on Home Affairs, ‘Summary of Key Conclusions and Recommendations: Third Report’ (HC 2001-2 318-II) <https://publications.parliament.uk/pa/cm200102/cmselect/cmhaff/318/31815.htm> accessed
8 November 2023
[4] The Scottish Government, ‘A Caring, Compassionate and Human Rights Informed Drug Policy for Scotland’ (Scottish Government, 28 August 2023). <https://www.gov.scot/publications/caring-compassionate-human-rights-informed-drug-policy-scotland/pages/1/ accessed 8 November 2023.
[5] ibid.
[6] YouGov UK, ‘Criminalisation of Soft Drugs e.g. Cannabis’ (YouGov PLC, June 2023) <https://yougov.co.uk/topics/health/trackers/criminalisation-of-soft-drugs-eg-cannabis> accessed 8 November 2023
[7] Niall McCarthy and Felix Ritcher, ‘Infographic: Then & Now Portugal’s Drug Decriminalization’ (Statista Daily Data, 24 January 2020) <https://www.statista.com/chart/20616/key-developments-since-portugal-decriminalized-drugs/> accessed 8 November 2023
[8] ibid.
[9] Misuse of Drugs Act 1971.
Bibliography:
Legislation:
Misuse of Drugs Act 1971.
Reports/ Publications:
Select Committee on Home Affairs, ‘Summary of Key Conclusions and Recommendations: Third Report’ (HC 2001-2 318-II).
The Scottish Government, ‘A Caring, Compassionate and Human Rights Informed Drug Policy for Scotland’ (Scottish Government, 28 August 2023) UNODC, World Drug Report 2023 (United Nations Publication, 2023)
Websites and Blogs:
McCarthy N and Richter F, ‘Infographic: Then & Now Portugal’s Drug Decriminalization’ (Statista Daily Data, 24 January 2020).
Office of the United Nations High Commissioner for Human Rights (UN experts call for end to global ‘war on drugs’ | ohchr.
Stewart, Connor, ‘Drug Use in the United Kingdom (UK)’ (Statista, 19th December 2018).
UN High Commissioner for Human Rights, ‘End ‘War on Drugs’ and Promote Policies Rooted in Human Rghts’ (United Nations, 24 June 2022).
YouGov UK, ‘Criminalisation of Soft Drugs e.g. Cannabis’ (YouGov PLC, June 2023).
