UN TREATY 'NO BAR' TO EASING DRUG LAWS

Special Report: Drugs In Britain

A reform of Britain's drug laws could be introduced without the government
breaching its international obligations under UN drug control conventions,
according to a legal study published today.

The research shows there is no obstacle in international law to ending the
criminalisation of cannabis possession or low level drug dealing among friends.

The conclusions of the study, entitled European Drug Laws: the Room for
Manoeuvre, are important because opponents of drug law reform have argued
that Britain could not liberalise its drug laws even if it wanted to
because it would breach the UN treaty.

The French government has accused the Netherlands of being a "narco state"
because it tolerates cannabis possession and small scale supply -
technically criminal offences.

The study, published by the charity Drugscope, is part of a follow-up to
the Police Foundation inquiry into Britain's drugs laws. It showed that the
penalties in this country are severe compared with six other European states.

Britain's maximum prison sentence of seven years for possession of class A
drugs such as heroin and five years for possession of cannabis, contrasts
with a maximum of just one year for both classes of drug in France and the
Netherlands. Personal use of these drugs in Italy and Spain is not even
illegal.

The findings may influence the inquiry by the Commons' home affairs
committee into the future of the drugs laws, and in the evaluation of a
six-month experiment by Lambeth police, in south London, which involved not
prosecuting for cannabis possession.

The study, which was edited by Nicholas Dorn and Alison Jamieson, said that
European practice showed there was room for manoeuvre under the three main
UN conventions on illicit drugs ratified by more than 150 countries. It
concluded that there was nothing in the conventions requiring Britain to
use the criminal law exclusively to control personal drug possession.

It would be possible to introduce civil drug offences - dealt with like
parking fines - alongside the criminal law, allowing a choice of action
against the offence. Local authorities rather than the police might impose
the fines.

The study also said that there was a case for making available a civil law
alternative with regard to "social supply" - especially to deal with the
increasing number of cases involving home grown cannabis.

Roger Howard, chief executive of Drugscope, said: "This study dispels the
view that we are tied rigidly by the UN conventions and shows we have
considerable flexibility within them to radically modernise our drugs laws.

"The government needs to decide if allowing otherwise law abiding citizens
to get caught up in the criminal justice system for possessing cannabis, is
a proportionate response in the 21st century."