ACMD repeats call for decriminalisation of drug possession

In its submission to the drug strategy consultation last year, the ACMD effectively called for the decriminalisation of drug possession for personal use of all drugs. The term 'decriminalisation' is rather ill-defined, and often misunderstood as either legalisation, or removal/complete repeal of a law. Given this, the ACMD understandably avoided the term - opting instead for diversion, which perhaps more usefully describes what they were suggesting (even if they were also unambiguous about not being 'processed through the criminal justice system'). The wording they used was as follows:

"The ACMD believe that there is an opportunity to be more creative in dealing with those who have committed an offence by possession of drugs. For people found to be in possession of drugs (any) for personal use (and involved in no other criminal offences), they should not be processed through the criminal justice system but instead be diverted into drug education/awareness courses (as can happen now with speeding motor car offenders) or possibly other, more creative civil punishments (e.g. loss of driving licence or passport). If, however, there were other trigger offences (e.g. theft, burglary etc) then the usual test and treatment procedures would occur. Such approaches may be more effective in reducing repeat offending and reducing costs to the criminal justice system.

There should be “drugs awareness” courses to which those found in possession can be referred as a diversion – this would be the equivalent of the apparently successful “speed awareness” courses to which drivers can be referred as a diversion. These could also be available to those being conditionally cautioned where there is evidence of drug use. "

For some reason this didn't attract the attention of the media - somewhat oddly given recent history on arguably less contentious issues such as minor changes in penalties for cannabis possession. The inclusion here of the '(any)' making this a much more significant call in practical terms. Presumably no journalists actually read the whole document (consultations are famously tedious), and with organisations like Transform choosing to let the ACMD manage it as they saw fit, and no press releases emerging, it has remained largely under the radar. The only public sighting was in the recent LibDem drug policy reform motion - but even the considerable media this attracted didn't seem to draw attention to the ACMD call.

The ACMD has now repeated the call in its submission to the Sentencing Council consultation on drug offences. The specific issue of non-criminal sanctions for possession offences was (somewhat absurdly given developments around the world), outside of the remit of the consultation. The ACMD has chosen to include the call (using almost identical text to that included in the strategy consultation submission) in part of their response to the open ended final question: 'Are there any further comments that you wish to make?':

"The ACMD also believe that there is an opportunity to be more creative in dealing with those who have committed an offence by possession of drugs. For people found to be in possession of drugs (any) for personal use (and involved in no other criminal offences), they should not be processed through the criminal justice system but instead be diverted into drug education / awareness courses (as can happen now with speeding motor car offenders) with concomitant assessment for treatment needs (if the person consents), or possibly other, more creative civil punishments (e.g. loss of driving licence or passport). If, however, there were other trigger offences (e.g. theft, burglary etc) then the usual test and treatment procedures would occur. Such approaches may be more effective in reducing repeat offending and reducing costs to the criminal justice system. There should be “drugs awareness” courses to which those found in possession can be referred as a diversion – this would be the equivalent of the apparently successful “speed awareness” courses to which drivers can be referred as a diversion. These could also be available to those being conditionally cautioned where there is evidence of drug use."

Whether anyone notices this time  or if there is a fuss as a result, remains to be seen (it has been reported in the Times and NI stablemate Fox news and is popping up on twitter). It is, on the face of it, a very reasonable proposition, argued with reference to efficacy as you would hope from the Council, and making a useful parallel with the manner in which driving offences are dealt. The call has presumably been informed by growing evidence of such diversion schemes in various Latin American and European countries, most prominently Portugal.

A tweet from the Guardian's Alan Travis notes that the Home Office has stated in response that "We have no intention of liberalising our drug laws"- the standard line they use when any such reforms are mooted (failing to engage with the argument or evidence in any way). This may now prove to be inadequate, given that the call has come from the body of experts appointed by the Home Office under the auspices of the Misuse of Drugs Act, and operating within the Home Office. A ministerial response may be necessary - although neither ACMD statements were directed to a minister specifically.

However this now develops it is a welcome move from the sometimes timid ACMD, and inspiring to see they have not been cowed by the political heat that followed the David Nutt debacle.