CANNABIS REGRADING HAS LEFT THE LAW IN DISARRAY, SAY CRITICS

CANNABIS laws have been left in disarray following the UK
government's decision to upgrade the drug to a Class B substance,
critics warned yesterday. Despite plans for a new "three strikes"
regime whereby police can hand out on-the-spot penalties to anyone
caught with cannabis, users will be able to escape the fines because
of parliamentary delays.

Furthermore, the changes will also have little impact in Scotland,
where police forces will not follow any system of graded warnings.

Jacqui Smith, the Home Secretary, decided to move the drug from Class
C to Class B last year, because of fears of the impact of stronger
strains of "skunk" on the mental health of young people. It reversed
a decision in 2004 by her predecessor, David Blunkett, to downgrade cannabis.

Under the new regime, police in England and Wales should issue a
warning to anyone caught with cannabis for a first offence, and give
second-time offenders an UKP 80 fine and a penalty notice. Anyone
with a third "strike" will be arrested and could face an unlimited
fine and a prison sentence of up to five years.

Alan Campbell, the Home Office minister, warned that the average age
of first-time cannabis users was now 13, and said the new system
would help protect "future generations".

The order in parliament making cannabis use an offence punishable
with a penalty notice for disorder was scheduled to pass last week.
It was bundled with a group of 21 other offences, including mini-cab
drivers hawking for business.

But because of opposition to some of the changes, especially among
magistrates concerned about taking offences away from the courts
system, the package of measures was withdrawn for consultation, the
Ministry of Justice said.

It has also emerged that not all police forces in England and Wales
will record cannabis warnings, meaning that repeat offenders could
escape fines or prosecution. A system for recording all cautions is
not due to be introduced until next year.

In Scotland, meanwhile, police forces will abide by the policy laid
down by the Association of Chief Police Officers in Scotland (Acpos),
which has remained constant since 2004 and sees everyone found in
possession of cannabis reported to the procurator-fiscal.

Detective Superintendent Willie MacColl, national drugs co-ordinator
for the Scottish Crime and Drug Enforcement Agency, said: "Policing
in Scotland has taken a coherent and consistent approach to the issue
of cannabis throughout the past four years.

"In 2004, when cannabis was reclassified by the UK government
downwards from B to C, Acpos confirmed its intention to conduct
business as normal and continue to report those found in possession
of cannabis to the procurator-fiscal.

"Given the decision by the Home Secretary to reclassify upwards,
Acpos has considered their policing response and decided that, as in
2004, such a move would not result in any changes of policy. Those
found in possession of cannabis would continue to be reported."

Brian Paddick, the former deputy assistant commissioner of the
Metropolitan Police and London mayoral candidate, said changing the
classification of cannabis would make little difference to the number
of people using it, but Marjorie Wallace, chief executive of the
mental health charity Sane, welcomed the upgrade, saying that for
some people, cannabis use could double the chance of developing
severe mental illness.

Background

THE UK government's decision to reclassify the drug from class C to B
is largely influenced by research linking heavy use of the stronger
and increasingly widespread "skunk" strain of cannabis with mental illness.

Five years ago, the then home secretary, David Blunkett, downgraded
the drug to class C based on findings from the Advisory Council on
the Misuse of Drugs. However, a Lancet study in 2007 found that
cannabis use increased the risk of schizophrenia by at least 40 per cent.

Other research suggests an active chemical in the drug inhibits
psychotic symptoms in people with schizophrenia, while another
chemical may increase the disease's symptoms.