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30/10/2007 00:00:00

UK: Cannabis laws are a no-man's land

Government figures reveal that police have opened a new front against drugs.

But one senior officer admits police are thinking the unthinkable -
moving those who smoke pot in their own homes way down the list of
priorities. Miles Godfrey reports..

Imagine a discretionary law which police sometimes enforce but at other
times don't bother.

Picture a crime in which you will get thrown in jail for up to two years
on occasions but get let off with a caution on others.

Welcome to modern Britain, a country characterised by an increasingly
confused attitude to cannabis.

Ever since the drug was downgraded from class B to class C in 2004, we
have been caught in a no-man's land of legislation which police officers
are feeling increasingly unsure, nervous even, about how to negotiate.

Recent figures show that cannabis use has once again fallen
significantly, particularly among young people.

This is an extremely encouraging sign that the Government's decision to
downgrade has had positive benefits.

However, we are increasingly being caught in the entirely ludicrous
situation where our police officers are unsure whether to arrest people
for possession of the drug.

The alleged cannabis café in Lancing is a perfect example.

Dozens of officers took part in the most recent raid on the heavily
fortified premises in Freshbrook Road, using a tractor to tear the wall
down. But while money and resources are being used in this way to target
those suspected of dealing in cannabis, the officer who led the
operation has told The Argus his force is unlikely to punish individual
users of the drug.

Although no fault of the police, a mixed message is being sent - it's
perfectly OK to smoke cannabis behind closed doors but don't be caught
with it in too large quantities or you will be punished.

Chief Inspector Lawrence Hobbs, district commander for Adur, conceded
few resources were devoted to tackling those who smoke cannabis in small
quantities in their own homes.

Mr Hobbs said: "We are not turning a blind eye to it but we are not
specifically targeting it either.

"We are not going out of our way to tackle those who smoke cannabis
behind closed doors.

"Tackling cannabis is not high on the priorities of the police force.

"However, targeting the people that sell the drug is, and we will
continue to expend a lot of time and energy in tracking these people
down. Tackling class A drugs is also a very high priority and we will
continue to catch the people who both use and sell them."

Mr Hobbs would not be drawn on his personal opinion as to whether he
would like to see cannabis upgraded to class B.

But all the signs are that it soon will be. Almost immediately after
taking power, Gordon Brown announced a two-year study which should
reverse David Blunkett's 2004 decision.

This would, at the very least, give police more confidence to act

At the moment, cannabis laws state that punishment for having the drug
largely depends on what age you are.

Home Office advice says young people caught in possession of a small
quantity should be arrested and given police cautions, while adults
caught in possession of the same amount are "unlikely" to be arrested.

It states that the current maximum tarriff for being caught in
possession of cannabis is two years, a reduction from five years, while
the maximum tariff for dealing cannabis was increased from five years to
14 years.

Sussex Chief Constable Martin Richards, who supports a return to class B
status, has admitted his officers face a tough task interpreting the law.

He said: "There is a feeling that reclassification is a good idea and
the right thing to do. My focus is on the top level of dealers blighting
the beauty of Sussex.

"I have officers on the streets who have to make decisions on a
day-to-day basis and they have to use discretion and judgment depending
on the circumstances."

Many believe police officers should not be forced to work like this and
Britain needs to take a firm line on cannabis once and for all.

Either fully legalise it or criminalise it, in other words.

The middle ground, they say, is doing nobody any favours.

Author: The Argus: Worthing via UKCIA

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