POLICE STILL HOT ON POT

The law on cannabis is being relaxed on Thursday. But a senior Notts
policeman has warned pot smokers that the drug remains illegal -and they
may still face arrest. CHARLES WALKER asked Deputy Chief Constable Howard
Roberts how the law is changing and what the county's cannabis users can expect

Notts Police are to take a tough line on pot smokers even after the law on
cannabis is relaxed this week.

Deputy Chief Constable Howard Roberts said officers would use their
discretion - but openly smoking pot "in public view" would not be tolerated
and could still result in an "automatic arrest".

Mr Roberts said: "There should be no confusion. It will remain illegal.

"And anybody who tries to take advantage of the changes this week are
misguided because the consequences for the individual can be high."

Mr Roberts said the main impact of reclassifying cannabis from class B to C
- - a change which comes into effect on Thursday - is that his officers will
have the discretion to make an arrest for possession of the drug.

Officers were previously expected to make an arrest when a person simply
possessed a small quantity of the drug.

But in a few days, that same person may only get a formal warning, although
the drugs will be confiscated.

Mr Roberts insists relaxing the law does not mean his officers will go soft
on pot.

He said: "If an officer stops you, seizes cannabis, takes your details and
formally warns you that incident is recorded as a crime for which you are
the offender.

"You may not be going to court but the consequences could be significant."

A formal warning could affect applications for jobs in professions such as
medicine, teaching and police.

And further action may follow. Mr Roberts said the police would still
retain wide-ranging powers of arrest.

People who are smoking cannabis in public view, repeat offenders, people
under 17, those in possession of the drug near to a school or youth
premises, or where there is a local policing problem linked to cannabis,
all face "automatic arrest", warned Mr Roberts.

So what does this mean in practice to, say, someone parading a spliff in
Market Square as opposed to someone smoking pot at a party?

Mr Roberts refused to be drawn.

He added: "I am not going to create a situation in which the deputy chief
constable says you will not be arrested in these circumstances. Officers
retain discretion to arrest.

"But what I envisage is first offenders in a case of simple possession, of
small amounts, are more likely to receive a formal warning."

And what are small amounts?

"I'm not going to detail the amount because that would be exploited by
those who may wish to supply," said Mr Roberts.

"If an officer thinks there is possession with intent to supply, the person
will be arrested for supply if the evidence exists."

And the offence of supply will still carry the threat of up to 14 years in
jail.

While the law may have caused confusion among some members of the public,
the police say it will allow officers to focus on the more damaging drugs
such as heroin and crack cocaine.

Last year in Notts there were more than 700 arrests for possession of
cannabis, an offence that generally meets a court fine of just UKP50.

Those arrests swallowed up an estimated 2,800 hours, or 350 days, of police
time.

Meanwhile, it is estimated up to UKP130m worth of crime is committed in
Nottingham alone by people addicted to heroin and crack cocaine.

"It is important people recognise this will free up officers who will be
detailed to contribute to efforts on crack cocaine and heroin," said Mr
Roberts.

"By using officers to tackle heroin and cocaine I am properly deploying
their time. These drugs are principally causing 80% of crime in Notts."

But out on the streets, cannabis smokers still seem far from clear about
the change taking place on Thursday.

"I thought it was going to be legalised," said one 24-year-old user, who
did not want to be named.

But the city worker, who lives in Arnold, thought many pot smokers would
remain cautious until it is clear how the law will be implemented.

"I think people want more clarity but the police are not likely to give it
and I can understand why," they said.

"I guess if you flaunt it or sell it you will be in trouble. If you're
discreet you will probably be OK. We will have to wait and see."

Anna Soubry, 47, a barrister from Mapperley, who is also the Conservative
party's prospective parliamentary candidate for Gedling, has already made
her mind about the change. She said: "I think this is a fudge, it is not
good law.

"We need to have proper research and reevaluate what we think about
cannabis, alcohol and ecstasy.

"The truth is many people are using this drug safely and they will be
totally confused by these changes. In some cases the police will arrest you
and in others they will turn a blind eye. It will depend on what part of
the country you live in."

You Can Still Be Arrested For...

Police forces in the region are following national guidelines on the new
rules on cannabis.

Posters in police stations tell officers: "Cannabis is still illegal."

They inform officers they can still make an arrest for:

Smoking in public view.

When a person repeatedly offends.

If a local policing problem is linked to cannabis use (for example, where
groups are congregating to smoke).

If a person is in possession of the drug close to youth premises, such as a
school.

If the user is vulnerable or aged under 17.

Derbyshire, Leicestershire and Notts Police all said they intended to
follow these guidelines.

But when the Post asked Derbyshire Police yesterday how the guidelines
would be implemented, a spokeswoman said: "We have not finalised our policy
yet." She said information had only "recently come through" on how to
proceed, but an announcement was expected today.

A spokeswoman for Leicestershire Police would not elaborate on their policy.

Some cannabis users believe intrepretation of the law will vary from area
to area as officers will be exercising discretion.