UK: police no longer obliged to arrest cannabis users

The National Police Chiefs’ Council (NPCC), a coordinating body for law enforcement in the United Kingdom that brings together and represents British police chiefs, has just made it possible to police officers to stop routinely arresting cannabis users. The police response can be tailored to the situation on the ground and need not consist of the indiscriminate and systematic criminalization of all types of users.

Alternatives to Criminalization

Police officers can still arrest cannabis users, but they can also choose another option, such as issuing a warning, offering a treatment program, or taking no action at all. It is up to them to decide what is most appropriate based on the situation. According to Mr. Harwin, the NPCC’s head of narcotics, the «principle of proportionality» must take precedence, and «individual circumstances» must be taken into account.

This kind of informal decriminalization is part of the search for alternatives to criminalization. «There is strong evidence suggesting that referring minor offenders to early intervention treatment rather than prosecuting them can prevent future recidivism and lead to better outcomes for both the individual and the criminal justice system,» explains Mr. Harwin. Indeed, this would prevent the judicial system from becoming overburdened and reduce over-incarceration, while also allowing police to focus their efforts on actual drug trafficking. However, this «suggestion» remains nonbinding; the police do not have the authority to force individuals to undergo treatment.

While this kind of nuanced response is already common in practice, its formal adoption clearly shows that even within the police force, there is no longer a consensus in favor of prohibition. Furthermore, a British branch of the American organization Law Enforcement Against Prohibition has been in existence since 2016, and coming soon to France, while the collective Police Against Prohibition has recently emerged in France. Furthermore, it is not uncommon for British police chiefs to are in favor of alternative policies.

On the other hand, prohibition still has its supporters among anti-drug groups, including the National Drug Prevention Alliance who is crying foul and accusing the NPCC of undermining the foundations of the law. For its part, the Ministry of the Interior stated that it expects police officers to enforce the law. The law provides for five-year prison sentences and fines with no upper limit for the mere possession of cannabis.