Misuse of Drugs Act 1971 (Modification) (No. 2) Order 2003

Part of the debate – in the House of Lords at 9:15 pm on 12 November 2003.

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Photo of Lord Adebowale Lord Adebowale Crossbench 9:15, 12 November 2003

My Lords, this debate is hotting up nicely. It is obvious that I shall now be labelled somewhat irresponsible as I am about to admit that I am the Chief Executive of Turning Point, a social care organisation which deals with around 30,000 people with substance misuse challenges, 10,000 of whom are young people. I also happen to be a member of the Advisory Council on the Misuse of Drugs. When one looks at the members of that advisory council, I find it hard to believe that they arrived overnight at the advice they gave to Government. Certainly, looking at their honourable qualifications, it beggars belief that those people are irresponsible or arrived at their conclusions lightly.

Perhaps I may comment on some of the points raised. I support the decision by the Government to reclassify cannabis from class B to class C. Like many noble Lords, I do not think that the Government go far enough. The reclassification reflects public attitudes to cannabis and accepts the fact that a large number of people use it. I say that with full regard to the comments made by the noble Baroness, Lady Howells of St Davids. I, too, have been to Holland. I have worked in Brixton and walked the streets of Lewisham. I understand, because I talk to young people and, indeed, live on an estate where many young people smoke cannabis. The problem with the debate is not about the classification of cannabis. No one has said that leaving cannabis as a class B drug—I am sure that some noble Lords would be happy to see it classified as class A—would be a credible solution to the problems mentioned by the noble Baroness, Lady Howells of St Davids, and, indeed, the noble Lord.

Surely, sending young people to prison as a result of their cannabis use cannot be reasonable treatment. Indeed, the Government's own figures on the use of prison and punishment as a response to drug misuse give cause for concern. The latest report on drug treatment and testing orders shows that 53 per cent of prisoners discharged from such orders in 1998 were reconvicted within two years of discharge compared to 59 per cent of those who did not complete a drug treatment and testing order.

So there are serious questions to be asked. If we are to keep the current classification of cannabis or, indeed, increase it and thus increase penalties and arrest more people and put them in prison, how will that help people? How will that help the young people mentioned by the noble Baroness, Lady Howells of St Davids? I fear that that is heading in the wrong direction.

Furthermore, we need to understand what young people and many members of the public who smoke cannabis—I have to say on a daily basis—understand from their own experiences about it and its relation to other drugs. We have to deal with the facts. The fact of the matter is that cannabis is not the same as crack cocaine or heroin. As much as noble Lords may want to believe that that is the case, it is not.

We need to be aware of all the facts and to encourage intelligent discussion. When cannabis is compared with other drugs against criteria such as mortality, toxicity, addictiveness and its relationship with crime, it is less harmful to the individual and society than other illicit drugs and even alcohol. That is understood by the public, and it is certainly understood by young people.

The evidence of the drug's long-term effect on mental health is not so clear-cut. No doubt we can all name a professor or an expert who will say that smoking cannabis causes schizophrenia. Indeed, in 1933 at the World Health Organisation the Egyptian delegate stood up and said that cannabis causes people to go crazy. We have all see the film produced by the Americans in 1933 called "Reefer Madness", which claimed that smoking cannabis turns you into a raving lunatic. These statements are simply not helpful; they do not accord with the facts.

People with mental health problems may be more likely to be drawn to the drug. We have seen that at Turning Point; I have seen it from my own experience of more than 20 years working with socially excluded people, many of whom take drugs including alcohol. It may exacerbate mental health problems in people with a pre-existing mental illness; so will poverty; so will depression; and so will not having a job. But the evidence suggests that while cannabis consumption is increasing, the incidence of schizophrenia is not. That is a fact which would suggest that cannabis is not to blame.

I do not believe that reclassifying cannabis will lead to more people using it. Currently, in the UK at least 8 million people use the drug, while 2 million people use it regularly. My discussions with young people informed me that many already socially accept the drug and that any change will be of little relevance to them, other than they will face fewer risks of being criminalised for its use, which, to be honest, they welcome.

There may be an increase among those already using the drug. Evidence from Australia has shown that although cannabis decriminalisation, which was introduced in some states, did not lead to new cannabis users, those who used it daily slightly increased the amounts they smoked.

I am also doubtful—and I think we should be very doubtful—about the idea of cannabis as the gateway drug. The Government's own research has shown through The road to ruin? that there is no evidence that cannabis acts as a gateway drug to other drugs. There is some evidence, however, that cigarettes and alcohol do. Indeed, again, when I talked to many of the 30,000 or so people that Turning Point sees each year, they talked not about cannabis, when one examined their drug history, but about going to the pub, having a drink, having their inhibitions relaxed and then being introduced to cannabis. If we are going to talk about gateway drugs, let us talk about all the gateway drugs and include alcohol and cigarettes.

That is why I believe that we need to have a sophisticated and credible approach to this drug. With so many people using it and, frankly, so many comfortable with its use, we need to get the message right and get across the facts in a way that is accurate, non-confrontational and relevant to young people's lives. I also strongly believe that, with so many people buying the drug from the black market, we need to get the legal position right too.

The fact is that day in and day out, tens of thousands of young people make contact with dealers to buy cannabis. Although most buy what they need and leave, many, because they are forced to deal with people selling other drugs, as was mentioned by the noble Baroness, Lady Walmsley, such as heroin, cocaine or Ecstasy, are more likely to buy and use those other drugs. In effect, it is not the use of the drug that encourages people to move to harder drugs but the existence of a single drugs black market. With the reclassification, cannabis possession will carry a minimal risk of prosecution, while selling it will carry a stiff penalty. To be clear, the Government's decision to increase the penalty within the class C band to 14 years makes selling it a high-risk criminal activity.

I must be honest: I am a little confused by the legal acrobatics that the Home Secretary has performed to reclassify cannabis. To recount, following the announcement in June 2002 of the bold step to reclassify the drug to class C, there have been two rather confusing steps backwards. First, there is the move to apply a maximum of 14 years for supply of the drug, despite other class C drugs carrying a five-year maximum. Secondly, as your Lordships will be aware, under the Criminal Justice Bill currently passing through the House, cannabis possession is to be made an arrestable offence.

If I am not mistaken, we will have created a separate classification for cannabis, which is none too distant from the position from which we are supposed to be moving away. In addition, what is to become of cannabis oil? As your Lordships will be aware, certain forms of cannabis oil extracted from the raw plant are regarded as a class A drug. What will the changes mean for that form?

Is it therefore any wonder that the public, rather than receiving a credible message about the drug cannabis, are confused by those moves and unsure how they will be affected—no doubt leading to further public disregard and disaffection for the legal system? That also brings into question the suitability of the Misuse of Drugs Act 1971 and whether the current classification system is working at all.

Perhaps it is time that we took a good look at our drugs laws to reassess them to see how they work in today's society, because much has changed since 1971. The rationale behind the reclassification should be to get our message credibly and clearly across and to separate the market for cannabis from those for hard drugs. Unfortunately, I fear that neither of those objectives will be achieved by the new measures. Indeed, the unique classification of cannabis may well undermine the whole approach. By removing much of the risk of prosecution while sustaining the penalty for supply, the law may provide a perverse incentive to traffic more harmful drugs. If dealers are risking stiffer penalties for cannabis, they are more likely to deal in harder drugs as well.

Turning to the advice issued by the Association of Chief Police Officers, I am very concerned by its statement that a,

"person who may be mentally disordered or mentally handicapped or incapable of understanding the significance of questions or replies", may be arrested. That very language moves away from our providing appropriate support and help to the most vulnerable.

Like other noble Lords, I fear that the Government's muddled plans for reclassification may be nothing other than a fudge and something of a face-saving manoeuvre. I fear that the changes will only continue to drive the ever-increasing number of young cannabis users underground by encouraging them to use behind closed doors and to disrespect government and the law by coming into contact with poly-drug dealers. The law will continue to make criminals out of otherwise law-abiding young people and perpetuate an environment of mass public disobedience.

The Government must listen to the people whom this law will affect the most and move the debate forward. Cannabis is not heroin; it is not crack; it is not as dangerous as either of those drugs. Decriminalise cannabis; separate it from more harmful drugs; provide unbiased and accurate information; provide support and treatment where it is needed; and tackle the real problems facing young people today, such as crime, unemployment, poverty, inequality and injustice.

We can best prevent harm by empowering young people to make up their own minds about cannabis using credible information and encouraging them to discuss their experiences, rather than hiding or denying them because government and the laws misunderstand them.