Many cannabis smokers ‘to be let off with a warning’

May 8 2008 Liverpool Daily Post

MERSEYSIDE police will continue to let many cannabis smokers off with a warning, despite the Government’s U-turn yesterday, which will upgrade the drug back to Class B.

The force, which will play a key role in drawing up a new sliding scale of punishments, is insisting on the “discretion” to only prosecute repeat offenders to ease the burden on its officers.

The policy of “confiscate and warn” will continue for first-offenders caught with small amounts of cannabis, with possible £80 on-the-spot fines for those caught a second time.

Users are only likely to be taken to court – with the risk of a five-year jail term – for a third offence, with no change at all to the system of punishments for children.

Under-18s caught in possession will continue to be reprimanded for a first offence, then given a final warning and only charged for their third offence.

The Liberal Democrats seized on the revelations as evidence that the long-predicted U-turn on the 2004 decision to downgrade cannabis to Class C was little more than “window dressing”.

Home affairs spokesman Chris Huhne said: “In theory, people can be sent to jail for five years for possession of cannabis, but the Home Secretary was unable to tell me under what circumstances this might occur.”

The attack came after Home Secretary Jacqui Smith defied the advice of the Advisory Council on the Misuse of Drugs (ACMD), whose report concluded the health dangers from cannabis did not justify moving it back to Class B.

Last night, Merseyside police declined to say how it would get tougher with cannabis smokers, ahead of firm proposals to go to the Home Office from the Association of Chief Police Officers (ACPO).

However, Assistant Chief Constable Simon Byrne leads for ACPO on policing cannabis and made his position clear in evidence to the ACMD in February.

Supporting the switch back to Class B, Mr Byrne said: “The world has changed markedly since cannabis was classified as a Class C drug four years ago.”

However, he added: “Our substantive argument then in support of the change was the disproportionate amount of time spent by front line police officers in dealing with offenders in possession of small amounts of cannabis for personal use.

“ACPO believes the service should retain this flexibility in dealing with instances of possession on the street, including the discretion to issue warnings in appropriate circumstances.”

In the Commons, Ms Smith said the change was justified because of the “alarming fact” that the much-stronger “skunk” strain now accounted for 81% of cannabis seized on the streets – up from just 30% in 2002.

However, the ACMD’s report said users often cut their intake to take account of drug strength.

Despite stories about increasing mental health problems, schizophrenia cases reported to GPs had gone down between 1998 and 2005, it said.

Since downgrading in 2004, the proportion of young cannabis users has fallen from 25.3% to 20.9%.