THE GOVERNMENT"S DRUGS POLICY: IS IT WORKING?

F1 The issues raised by the committee are complex, and cannot adequately be addressed within a limit of 1000 words. We have however endeavoured to keep the length of this document to a minimum, whilst addressing all the major issues raised by the committee, and question arising therefrom.

F2 IDMU is a small independent research consultancy specialising in the study of illegal drug consumption patterns, prices and effects. We are funded wholly via professional fees earned in providing expert evidence for the criminal and civil courts, with experience of over 900 criminal cases since 1991. The evidence mainly covers personal consumption and drug valuations, but includes yields of cannabis cultivation systems, effects of drugs (re criminal intent, driving impairment etc.), and a range of other aspects, most notably therapeutic uses of cannabis. Our mission is to provide accurate, up to date and impartial information on drugs to all parties to the debate over drugs policy. Other than legal casework, we have provided consultancy for GW Pharmaceuticals, the House of Lords enquiry, the Home Office, Transport Research Laboratory, and Northamptonshire Police.

Executive Summary

S1 Existing drug policy is clearly not working, for reasons outlined herein.

S2 Decriminalisation is a vague term which requires clarification

S3 The effect of law reform on availability of and demand for drugs would depend upon the policies adopted. Alternative methods of control could reduce the availability of drugs, particularly to young people, who view legislation as a challenge rather than a deterrent.

S4 The effect of law reform on drug-related deaths would depend on the drug and upon the policies adopted. Pragmatic reforms could cut the number of drug-related deaths significantly.

S5 The effect on crime would depend upon the policies adopted. Options are outlined which could lead to a substantial fall in acquisitive crime.

S6 Decriminalisation (permitting possession but not supply) could have advantages and disadvantages. The main disadvantage would be to leave the supply of drugs in criminal hands.

S6 There are a number of practical alternatives outlined. A system of regulated and licensed supply could avoid many problems currently experienced, and raise substantial revenues (£1 to £5 Billion per year) for the exchequer from a combination of excise duties, greater productivity, and reduced law enforcement costs.

1 Does existing drugs policy work?

1.1 The question raises several issues:

1.2 The goals of drugs policy can range from the absolutist achievement of a "drug free society", to the pragmatic "harm minimisation" approach. For the absolutists, being seen to "fight the fight" at all costs, is more important than achieving practical results. Those favouring the pragmatic approach would seek to minimise the harm caused by drugs, both to the individual and to society.

1.3 A range of criteria can be used to evaluate the effectiveness of drug policy - these can include:

1.4 Taking a global view, there is overwhelming evidence that current drug policies do not work.

2. What would be the effect of decriminalisation on

2.1 The term "decriminalisation" causes much confusion. It may be used broadly to reflect a general move towards relaxing the current regime, or narrowly to mean permitting personal possession (e.g. below a certain limit) but maintaining criminal controls on drugs supply. By contrast the term Legalisation would normally be taken to mean abolishing legal controls and permitting a free market in supply of drugs. Regulation or licensing would introduce a degree of control whilst permitting a legal supply of drugs - the degree of control could vary from the off-licence/tobacconist model for the less dangerous drugs, and/or on-licence such as cannabis pubs or cafes, to prescription only for the drugs of addiction.

2.2 The key to reducing demand for drugs is to make drug use "boring" or "uncool", and reduce the excitement and glamour associated with the drugs scene. Availability, particularly to minors, could be reduced if age-limited legal sources were available, reducing the profits from selling drugs, and if addicts did not need to sell class A drugs to support their own habits.

2.3 Most drug-related deaths are caused by drugs of unknown purity, contaminants within illicit preparations, and unsafe practices associated with drug use.

(iv) If the consequences of arrest on trafficking charges were to be less severe, there may be reduced motive to assassinate suspected informers within trafficking organisations.

(c) Drug-Induced Violence

(i) Stimulants - amphetamine and cocaine are associated with increased aggression and psychotic behaviour, particularly when used to excess. The incidence of such behaviour, and violent deaths arising from stimulant use, would be expected to increase with a wider increase in use.

(ii) Alcohol - Alcohol is a causal factor in the majority of violent incidents in society. If policies were to reduce alcohol consumption, fewer violent deaths might result.

3. Decriminalisation and alternatives

3.1 Is decriminalisation desirable?

3.2 If not, what are the practical alternatives?

Appendix A - Medicinal Use of Cannabis

A1 I have appeared in court as an expert witness in numerous cases where defendants have claimed to be using cannabis for therapeutic purposes, either in mitigation or claiming necessity. Most Crown Court trials, where defendants have invoked the defence of "duress of circumstances", have resulted in jury acquittals on all charges.

A2 Irrespective of policies on other aspects of drug legislation, this issue should be addressed as a matter of urgency. The Attorney General should draw up guidelines for prosecuting authorities as many prosecutions clearly fail to take account of either the reasonable prospects of a conviction, or whether such a prosecution would be in the public interest.

A3 At present, prosecutions would fail to reach the 51% threshold in all cases involving simple possession or personal cultivation (production) for relevant medical conditions (including chronic pain, Multiple sclerosis and other movement disorders, cancer chemotherapy or AIDS, epilepsy or glaucoma. Perhaps a designated list should be maintained of conditions for which prosecutions should not proceed where a medical diagnosis is provided. In cases of supply to a medicinal user, prosecutions are again unlikely to succeed, nor would "possession with intent" charges on relatively large amounts claimed to be for personal use, unless there is other (paraphernalia) evidence of dealing. In cases of other medical conditions, the CPS should seek expert advice before contemplating prosecution.

A4 Such a policy should not fetter the hands of the CPS where medicinal use is incidental to commercial supply of drugs, or other criminal offences.

Appendix B - Drug Driving

B1 The law currently prohibits driving "whilst unfit through drink or drugs". The current law does not require major modifications to be effective. However, there may be a case for secondary legislation to be amended to provide more effective enforcement.

B2 To secure a conviction, the police/Crown must prove that

B3 IDMU has been consulted by the Transport Research Laboratory and Northamptonshire Police in developing more effective methods of enforcement for the existing laws.

B4 The "field impairment testing" (FIT) currently being adopted by many police forces, represents an improvement on previous enforcement techniques, but fails to address abilities which are directly related to the ability to drive, in particular reaction time and tracking ability. These could be addressed via development of an in-car simulator to allow suspects to be tested at the time, with objective pass/fail standards. We have also recommended that all FIT tests are recorded on videotape where such facilities exist within a police vehicle, as too much of the present test is subjective on the part of the police officer involved.

B5 The taking of samples of blood for drugs provides a snapshot at the time the sample is taken, which may represent a baseline level or the residue of a higher dose influencing the driver at the time (particularly for cases involving cannabis). We recommend that legislation be amended to require the taking of at least two samples a fixed time (e.g. 15 minutes) apart to determine whether a drug level is stable or declining, and to enable back-calculation to the time of the incident in question.

B6 Despite much public alarm, the effect of most controlled drugs on driving provides less of a risk of accidents than alcohol or prescribed benzodiazepine drugs:

Appendix C - Drug Trends

C1 The following pages represent data from IDMU surveys conducted between 1984 and 2000. Surveys were all conducted using anonymous questionnaires distributed at pop festivals and other outdoor events. A number of "core" questions appear each year, allowing year on year comparisons to be made. The number of respondents in each year were as follows

C2 Drug Prevalence

C3 Frequency of use

C3.1 Users of each drug were asked to state how often they used the drug. Other than cannabis and legal drugs (caffeine, tobacco, alcohol), there were few daily users, with experimental or occasional use the norm.

C4 Retail Prices

C4.1 Prices of cannabis resin have been falling steadily since 1994, actually having peaked in the late 1980s, with the most substantial falls seen since 1998. Data for a range of cannabis resin and herbal varieties are available, only the most common Moroccan/Soap Bar resin is shown. Prices for imported herbal cannabis are also in decline, as is the market share, which has been overtaken by domestically produced cannabis (skunk). Skunk prices have remained relatively stable, with roughly a 50% price premium as compared to resin.

C4.2 Prices of amphetamine have again remained relatively stable, although the average purity has increased substantially. LSD prices are becoming less commonly reported, and remain stable. Ecstasy prices have fallen by nearly 50% since 1995, and the fall appears to be continuing.

C4.3 Prices of cocaine and crack have remained stable, although the purity of cocaine is increasing at street level. Heroin prices have fallen sharply since 1995, with purities currently at historically high levels. Heroin is very rarely "cut" in the UK, with differences normally arising in the country of manufacture, and are likely to vary with climate conditions in the producer country (analogous to "vintages" in wine production).

C5 Drug Ratings

C5.1 Drug Users were asked to rate each drug (whether or not they had used it) on a scale of 0-10, with 0 the most negative and 10 the most positive rating. These figures give an indication of the popularity and/or social acceptability of particular drugs within the subculture. Note this data was only collected from 1994 onwards.

Appendix D - How can IDMU assist with development of policy

D1 IDMU can advise Government on much of the baseline data outlined in Hellawell"s reports, but not available from "official" sources. We have been conducting large scale surveys of drug users since 1984, involving data on frequency of use, consumption levels, demographic data, indicators (arrest/treatment episodes) and market data, including attitudes towards and prices of drugs at street and wholesale levels. Although some of the data is published, the vast majority remains unpublished but available for appropriate analyses.

D2 Our research and experience can assist the Government on the following aspects of policy: