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Devolving classification for drugs 'would be problematic'

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Published Date: 20 April 2009
MINISTERIAL proposals for a separate Scottish classification of drugs were dismissed yesterday by one of the country's leading anti-drug experts.
Professor Neil McKeganey, director of the Centre for Drug Misuse Research at Glasgow University, said creation of different classifications north and south of the border would lead to "major problems for justice".

He was responding to a submissi
on from the Scottish Government to the Calman Commission, which is examining the devolution settlement.

The Scottish Government called for drugs policy to be devolved, allowing ministers to set drugs policy in Scotland based on local conditions and problems. But Professor McKeganey said: " If you are arguing for two systems, you are arguing a case that will lead ultimately to a divergence between how drugs are classified in England and Scotland.

"That would create major problems for justice. Someone using cannabis in Dumfries and Galloway would receive a different penalty to the person using the same drug just south of the Border. That creates the potential for confusion. I think we should have a national drug classification system, but one that is contributed to by Scottish ministers, who at present are largely spectators."

A Scottish Government spokes-man insisted that any changes to the classification of drugs in Scotland would be done only on the advice of experts.

He added: "It is a statement of fact to say devolving drugs classification allows the possibility of different decisions being reached in Scotland – that applies to any policy issue currently reserved to Westminster. All decisions on drugs classification would be based upon expert advice from a range of professionals."



The full article contains 272 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 19 April 2009 11:35 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Drugs policy
 
1

an interested party,

20/04/2009 07:22:16
"All decisions on drugs classification would be based upon expert advice from a range of professionals"

and that in itself would be a different approach from the London goverment.

who currently commission reports and ignore the findings
2

Hugo of Garven,

20/04/2009 09:19:33
"Someone using cannabis in Dumfries and Galloway would receive a different penalty to the person using the same drug just south of the Border."

Currently, is it fixed penalty everywhere in Britain for using cannabis?

3

Alternative (High-Octane) Fuel Head,

Edinburgh 20/04/2009 09:44:17
I'm sure the Scottish Government would rather we all got off our kites on smack than drank beer and smoked....

Seriously though, on the current track record of this government, I wouldn't trust them to formulate policy on drugs. We would probably end up with alcoholic drink and tobacco being classified as "controlled substances"---especially if Obersturmbahnfuerer Robison has anything to do with it.
4

Talorthane,

20/04/2009 13:16:48
Professor McKeganey says:

"That would create major problems for justice. Someone using cannabis in Dumfries and Galloway would receive a different penalty to the person using the same drug just south of the Border"

That would only be as issue if there were not already seperate legal and criminal justice systems on either side of the border. However, as we know, Scotland has its own legal system and criminal justice has already been devolved.

It has been said elsewhere that, given the high levels of drug-related crime, any serious criminal justice policy must include within it a consistent policy to address the drugs use and trafficking.

Given that criminal justice is already devolved and that Scotland has its own legal system, it is entirely appropriate that drugs policy should also be devolved.

A seperate Scottish response to drugs classification would reflect Scottish decisions made upon Scottish needs.

Any Scottish decision that departed from the existing UK position would be made in consideration of the effects of having different legal positions on either side of the border.

This would also, resumably, include an investigation of other parts of the world where neighbouring countries or regions have different legal stances, such as Netherlands and Germany.

But what is in question here is not what the right decision should be, but instead, who should be making that decision when that time comes.

A devolved Scottish criminal justice system backed up by a seperate Scottish legal system should have the power to make that decision for Scotland.
5

Eve,

Scotland 20/04/2009 13:21:22
"Professor Neil McKeganey, director of the Centre for Drug Misuse Research at Glasgow University, said creation of different classifications north and south of the border would lead to "major problems for justice"."

Aye may be so BUT having the health service ran at Holyrood and the classification of drugs ran out with Scotland has probably lead to problems with helping people with drug problems in Scotland.

The police and the Health service are both devolved matters, it would only make sense to have the drugs classification ran by Holyrood.


Some days it really does feel like that some people, would claim that giving Holyrood any new power as being problematic. We are a nation of capable individuals, we would soon see oor ways passed the problems, if we were to be give the chance.
6

IainGlasgow,

20/04/2009 14:24:41
" Someone using cannabis in Dumfries and Galloway would receive a different penalty to the person using the same drug just south of the Border."

The same was true of smoking in a pub at one time (for a few months anyway) and it may soon be the case on minimum alcohol pricing. People in Dumfriesshire and people in Cumbria know they are in separate legal jurisdictions but quite probably don't know this is a reserved matter.

Drug policy has always been about politics more so than medical evidence anyway and if alcohol had just been invented it would be a class-A drug and nicoteen would probably be at least class-b.

I think even US states have differing laws on drugs, at least when it comes to the severity of punishments meted out for posessing them.

The best policy I think would be to decriminalise all drugs and make them available at prescription prices with clinical supervision to help addicts get off them (which most desperate addicts would do if they could manage it). This would put the drug dealers (and pimps as well - most women who work as prostitutes do it for drug money) out of business and also eradicate contaminated drugs which are alot more dangerous (you read about stuff like washing powder and all sorts being added to dilute them). On the other hand there should be much tougher sentences for illegal supply of drugs along the line of the stance taken in places like Thailand or Singapore where drug smugglers can expect a life sentence.
7

Alan B,

21/04/2009 07:05:08
It is daft not to devolve drug classification and associated laws given that policing is devolved and scotland has a separate legal system.

The biggest problem of devolution is this fudge over responsibilities.

Look what happened when labour reclassified soft drugs earlier. Labour in scotland in government said they would ignore the new classifications and carry on policing and enforcement as before. It was a shambles.

If we have a separate legal systema and separate legal system accountable to a different government and different parliament it makes no sense for westminster to run different policies and enforce them on scotland subverting will of the scottish parliament.

We need clear lines of responsibility. That means either everyting round law and order should be a westminster responsibility or a scottish parliament responsibility.

8

Alan B,

21/04/2009 07:06:19
"Someone using cannabis in Dumfries and Galloway would receive a different penalty to the person using the same drug just south of the Border. That creates the potential for confusion."

That simply does not makes sense given that we have a different legal system.

Is he advocating abolishing the separate legal system and that it the only way to make his statement credible.
9

TDPF Scotland,

Glasgow 29/04/2009 13:28:08
We are launching a new charity in Scotland to campaign for drug law reform, and wrote this letter in relation to the above issue. Please get in touch if you want to know more. We are the Scottish Arm of Transform Drug Policy Foundation based in Bristol. info@tdpfscotland.org.uk


Dear Sir / Madam

Regarding the call for separate illegal substance classification in
Scotland, reported in your paper on 20th April, devolving
legislative and regulatory powers on drugs generally would be a
positive move, to enable policy to more appropriately meet Scottish needs.

In a separate article on the announced shake up of Drug Action Teams,
we also welcome the statement that these new partnerships will operate
around an evidence-based process – something which is lacking from the
current set up. This lack supports the continued funding of the strict
prohibition regime that has resulted only in levels of drug and
alcohol misuse which have risen to amongst the highest in Europe and that
are
getting worse.

It is high time that the Scottish Government conducted an impact
assessment of the current system of drug prohibition, and explored the
alternatives, including legal regulation and control. This analysis and
evidence could then be used to inform general discussions about the
effectiveness of the classification system, and indeed prohibition, as a
whole.

(TDPF Scotland) Transform Drug Policy Foundation Scotland


 

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