IS DOPE LAW REFFER MADNESS?

If smoking pot muddles the mind, then the new guidelines on police
enforcement could leave you equally confused. In trying to usher in a
more relaxed attitude towards cannabis, also known as dope, pot, hash,
weed and blow, the Government is reclassifying the drug from Class B
to Class C, and effectively saying that smoking it at home is fine by
them.

Police chiefs this week issued their guidelines about the
circumstances in which cannabis users could find themselves arrested.

But while there is no doubt that a more relaxed approach is being
taken to allow police to concentrate their efforts on crack cocaine
and heroin, critics say it fails to address many key issues.

If it is OK to smoke a spliff or joint at a friend's party or in your
garden, why not in a public park or at a concert? Will forces in big
cities be as tough on people who blatantly smoke in public as those in
rural counties like Norfolk?

And if cannabis is in the 'least harmful' category along with anabolic
steroids and some prescription anti-depressants, why should their
supplier face 14 years in prison?

These are just some of the obvious questions posed by the guidelines
issued by Norfolk's police chief and the Association of Chief Police
Officers' drugs spokesman Andy Hayman.

It is, the Legalise Cannabis Alliance says, an "illusion of change"
which fails to address fundamental issues which have surrounded the
drug for years.

"The Government is afraid to legalise it in case it has bad
consequences, so they are doing it a step at a time to see what
happens and what the backlash is," said Alun Buffry, the Norwich-based
co-ordinator of the Legalise Cannabis Alliance. "There are moves on
the medical supply side so other courts are beginning to accept that
the plant is a medication for a lot of people.

"I know someone who has multiple sclerosis and is in a wheelchair and
he smokes a joint and it stops his spasms. But if he is outside in the
park and has spasms because he can't smoke a joint, there is something
wrong there."

Under ACPO's new guidance, most people caught in possession of
cannabis will be left off with a verbal warning. Situations in which
people could be arrested include:

Smoking cannabis in public;

Smoking it after being found repeatedly with it;

Possessing it inside or near places where there are children -- such
as schools, youth clubs or play areas;

Using it in areas where it is causing a 'local policing problem,'
meaning a 'fear of public disorder';

People aged under 17 found using cannabis.

Plans for a 'three strikes and you're out' policy have however been
abandoned by the Government, and police have set no limit in terms of
how much makes someone a dealer.

The guidelines would be implemented in January next year when the drug
is expected to be reclassified.

Home Secretary David Blunkett yesterday denied suggestions that the
proposals about how to deal with cannabis use would result in
confusion, and said the Government was simply recognising what many
forces were already doing.

It would lead to a "sensible consistency across the country" which
would distinguish between less harmful drugs like cannabis from
"killer drugs in the community."

Asked if he thought ACPO's guidelines had sent out the wrong message
to young people, he said: "The only wrong message that is being put
out is those proclaiming that we've been legalising cannabis, which we
have not, and those who have said that it isn't a long-term dangerous
drug, which it is.

"What we have said it that it is not the killer and not the danger to
the community that drugs like heroin and crack cocaine are."

Mr Hayman said: "In the spirit of the Home Secretary's decision to
reclassify cannabis, the new guidance recommends that there should be
a presumption against arrest.

"In practice, this means that the majority of case officers will issue
a warning and confiscate the drug.

"Police officers will be expected to use their discretion and take the
circumstances of each case into account before deciding whether to
arrest or not."

But cannabis users insist the Government must go further to adopt a
sensible policy and allow dope smokers the same rights as drinkers.

Mr Buffry said: "The Government should be concerned about protecting
people even when they are doing things like rock climbing or driving a
fast car. They make rules for people so they have advice and the right
equipment and you can go on a race track to do it.

"But for cannabis, which 30pc or 40pc of young people and 20pc of
older people use, there is nowhere for anyone to go and gather
socially -- which is hypocritical when you consider the damage that
alcohol causes.

"We still need to get dealers out of the picture and provide private
clubs and coffee shops where cannabis users can socialise together and
get information and advice."

Shadow home secretary Oliver Letwin attacked the proposals as the
"worst of both worlds".

"There is a case for legislation, and there is a case for people
getting off drugs," he said. "What there is not a case for is making
them semi-legal."