On-the-spot fines ‘belittle’ cannabis reclassification

Cannabis has been reclassified as a Class B drug in England and Wales this week but there is conflict over the implementation of on-the-spot fines.

The decision to upgrade cannabis to Class B was made following concerns over the drug’s impact on mental health, but plans to impose a fine for a second offence have been criticised by magistrates as “belittling” the move.

The debate held addressed introducing a “three strikes” system for possession of cannabis. A first instance would result in a warning, a second would incur the person an £80 on-the-spot fine, and only when a third offence is committed will the person be liable for arrest.

The Magistrates’ Association has argued that the fine for a second offence undermines the reclassification of cannabis and sends out the message that it is less serious than other Class B drugs and that it was an offence too serious to be dealt with outside of court.

Association of Chief Police Officers (ACPO) lead on drugs, Tim Hollis, said the reclassification reinforces the seriousness of handling or using cannabis and gives police better powers to tackle the issue.

“While the reclassification to Class B will not, in itself, solve the problems that our communities are experiencing with cannabis, it does send a clear message to young people that this is a dangerous drug and that if they use cannabis, there is an increased prospect of police taking firm action with regards to offences of possession.

“Where cannabis use is repeated, or where there are aggravating circumstances locally, officers will take a harder line on enforcement and an arrest will be more likely. Police are also aware that every encounter at street level provides local intelligence which, in turn, helps them to identify and act against the criminals who seek to profit from cannabis supply and distribution.

“We believe that the decision to reclassify cannabis to a Class B drug will send out a clear message, especially to the vulnerable and young, that cannabis is illegal and can be dangerous,” he said.

The Superintendents’ Association of England and Wales has shown support for the reclassification and that the previous downgrading of the drug to Class C sent out the wrong idea, suggesting that cannabis was harmless and legal.

Chief Superintendent Ian Johnston, the Association’s president, said: “The law relating to cannabis is being interpreted in different ways in many parts of the country and young people believe the possession and use of cannabis is lawful.”

Until the consultation is complete police can only warn or prosecute people caught in possession of cannabis. The maximum prison term for possession of the drug under the new classification is two to five years.

Police recorded drug offences for July to September 2008 increased by nine per cent compared with the same period in 2007, but this is being attributed to an increase in police powers to stop and arrest cannabis users.

The Government’s decision goes against advice from independent experts.

The chief executive of independent charity Drugscope, Martin Barnes, said that this sets “a worrying precedent”.

“There is no evidence that moving the drug to Class B will reduce levels of use, harm or availability.

“Using the classification system to ‘send out a message’ is a blunt and questionable approach, particularly if it risks undermining… credibility.”