Drug possession de facto decriminalized in Scotland

Drug possession is to be de facto decriminalized in Scotland, with those caught in possession of class A substances receiving a police warning rather than prosecution.

Dorothy Bain QC, the Lord Advocate (Attorney General) has announced a policy of « diversion from prosecution »in a surprise statement. She stated that the decision to grant the police power discretion on Class A drug offences does not equate to decriminalization, [editor's note: even if, in reality, it is one.He added that there was no single solution to drug addiction.

She clarified that the ruling did not extend to drug supply offences, and that nothing prevents an officer from refer a vulnerable person to care servicess.

Police Scotland can already issue warnings to Category B (including cannabis) and C drug users, rather than prosecute them.

In her first speech to the Holyrood parliament since her appointment in June, Bain told MPs, «I recognize the scale of the public health emergency we face in Scotland and the ability of prosecutors to help.»

Dorothy Bain went on to underline the success of the current policy of « diversion from prosecution« In this way, an individual can be referred to a support program with the aim of tackling the underlying causes of his or her delinquency or drug use.

Bain told the Holyrood chamber, «The most appropriate - the most intelligent - response in any drug case must be tailored to the facts and circumstances of the alleged offence and the offender.»

Campaigners hope the announcement is a sign of cultural and political change, with the Scottish Government ready to consider radical alternatives in the face of soaring drug-related deaths, which reached a record 1,339 last year.

David Liddell, Chief Executive of the Scottish Drugs Forum, welcomed this announcement: «The extension of police recorded warnings to all substances reflects a determination to end the differentiation between substances that is often based on prejudice and class concerns. Extending the exemption from prosecution for offences relating to problem drug use brings us closer to a criminal justice system that can deal more effectively with helping people move away from criminal activity.»

The announcement prompted an immediate reaction from the Scottish Conservatives, who described it as a «de facto back-door decriminalization» of drugs such as heroin, crystal meth and crack.

Other parties have welcomed the move. Maggie Chapman, justice spokesperson for the Scottish Greens, who struck a power-sharing deal with the Scottish Government last month, said, «Given Scotland's worrying drug-related death rate, it's important that we adopt a harm reduction approach, and this change is an important step given Scotland's limited powers to address this. It is particularly necessary in places like Dundee, where whole communities are devastated by the failures of the war on drugs approach.»