Clause 9 - Power of arrest for possession of Class C drugs
Criminal Justice Bill
6:30 pm
Mr Mark Francois (Rayleigh, Conservative)
On precisely this point there are two comebacks. The hon. Gentleman argues that the police know how much cannabis might reasonably be passed around friends and how much would mean that a person was dealing. But the simplest argument is that a dealer would say, ''Well, I have quite a lot of friends, which is why I have quite a lot of the stuff. I don't have just two mates. I'm a popular guy with 20 mates and I wanted to give them all a little. That's why I have rather a large amount.'' The hon. Gentleman's argument is both weak and dangerous.
Secondly, the hon. Gentleman wants to distinguish between class A, B and C drugs, but once he concedes the principle that for class C drugs, the concept of social supply should not be punishable by law, people will undoubtedly cite the precedent in court and extend the principle from certain types of drugs to others. Once the principle is conceded that social supply, as the hon. Gentleman euphemistically puts it, is not dangerous for some drugs, it opens the door for the same defence to be used for more serious drugs. It is an extremely dangerous argument.