The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Amendment to drug laws

22/01/2004

Possession of cannabis will remain a criminal offence in spite of reclassification next week to Class C, Deputy Justice Minister Hugh Henry said today.

At the end of next week, cannabis will be reclassified from a Class B to a Class C drug. But to coincide with the reclassification date, a public information campaign, under the Know the Score banner, to reinforce the message that it remains a criminal offence will get under way across Scotland.

Mr Henry said:

"There is a perception that cannabis is safe and has been decriminalised for personal use. That perception is a myth. Cannabis is not safe - it brings risks to both physical and mental health. Recently there has been new research published which appears to reinforce the risks to mental health.

"Sustained use of cannabis can create dependence - around ten per cent of people reporting to drug services say that cannabis is their main problem drug. That is why it is important to reinforce the message that reclassification is not the same as decriminalisation or legalisation. Possession and supply of cannabis are criminal offences. They will remain criminal offences. The maximum penalty for supplying will be increased to 14 years imprisonment.

"Reclassification recognises that while harmful, some drugs are more harmful than others. Cannabis carries risks but it is not as dangerous as, say, heroin and cocaine. But dabbling in it could well leave you with a criminal record, as well as damaging your health.

"From next Thursday the Scottish Executive will be running an information campaign, through leaflets, posters and radio ads, to make sure that our message is delivered loud and clear - whatever you call cannabis, itremains illegal."

On January 29, cannabis will be reclassified from a Class B to a Class Cdrug. The UK Government's decision to reclassify cannabis reflects expert advice from the statutory Advisory Council on the Misuse of Drugs on the risks to health and society posed by cannabis, compared to other drugs in Class B (Misuse of Drugs Act 1971).

Cannabis remains a controlled drug and those found in possession are, andwill continue to be, reported to the Procurator Fiscal. It is the Fiscal who will decide if criminal proceedings should be taken or an alternative to prosecution based on the individual circumstances of the offence. The Fiscal has a range of disposals available when a person is reported for possession of cannabis and the existing approach to cannabis offences remains appropriate.

Prosecution policy in respect of all drug offences is kept undercontinuous review and revised guidance is issued to Procurators Fiscal and Chief Constables when required.

The situation is different south of the border. In EnglandandWales, itis generally the police who take the decision whether or not to start criminal proceedings and that is why Association of Chief Police Officers(ACPO) have issued their guidelines ahead of reclassification. The ACPO guidance does not apply in Scotland.

Enforcement bodies inScotlandalready focus on Class A drugs (especiallyheroin and cocaine) which cause the most harm to individuals, families and communities.

InScotland, a power of arrest for cannabis possession has been availablefor a very considerable time. Police forces have no right to caution those caught in possession, and each case is referred to the Procurator Fiscal. Fiscals can issue warnings, fiscal fines, or dispose of cases in other ways which do not carry criminal records. Prosecution is, of course, an option too.

The Executive will run advertising, public relations and promotionalactivity from January 29 under the Know the Score banner to clarify the implications of reclassification and to ensure that the public is aware that cannabis remains an illegal drug, and that it is not a safe drug.

Materials will be distributed by promotional staff and will be circulated to police forces and drug action teams ahead of January 29. The Home Office's 'Talk to Frank' information campaign does not apply to Scotland.