You
are in Activism /
Pragmatism
Regulating
the trade
As
an illegal drug, cannabis is subject to no controls or regulation
and the trade cannot be studied. The pragmatic case for cannabis
law reform is to regulate the trade in such a way as to be able
to quantify what is sold as "cannabis" and to be able
to monitor and study the users..
Broadly,
the aim is for a regulated regime not unlike that which applies
to alcohol - and in many ways for much the same reasons based on
harm reduction.
Cannabis
is a markedly different substance to alcohol however, and issues
connected with its use will, therefore, be different.
Prohibition
|
A
regulated regime
|
| No-one
really knows what is being sold as cannabis on British streets.
At one extreme there is low-grade hashish which is very uncertain
in terms of purity and may be contaminated with a range of unknown
substances. At the other is hi-grade herbal cannabis which is
claimed by some to be very strong with dangerously high levels
of THC. |
A
regulated product in terms of purity and weights and measures.
Cannabis
could be sold in terms of type (i.e. strain) and potency (i.e.
strength). Ultimately it would be the aim to state THC and
CBD levels on packaging.
To
ensure that cannabis farms are properly regulated
and that their product is pure, also to ensure workers involved
in the business have the full protection of employment legislation.
Proper
standards of health and safety in the manufacture of cannabis
products, including hashish.
|
| Ignorance
and an underground market impossible to measure or study. |
All
aspects of the trade quantifiable and known |
| |
Note
on Grading:
Cannabis
comes in many different types or "strains" of the
plant. This is important because different strains have different
ratios of active chemicals and therefore have very different
effects on the user. This factor might be more important than
how strong the cannabis is.
Strength
is often claimed to be the most important issue particularly
by the press and anti drug campaigners. When they talk of
strength or potency, only the level of THC is usually considered.
Whatever
the truth, it is important that both of these factors are
known and that the buyer should be aware of them.
|
|
Sellers
are unknown - the only qualification needed to be a dealer
is unaccountability.
Prohibition
specifically targets anyone willing to be accountable.
Cannabis is sold within communities from unregulated venues
by people with no training or special knowledge of what they
are selling. Although some (perhaps many) dealers are enthusiastic
about the product they sell, few are really informed.
Much cannabis is supplied by organised crime, sometimes with
links to people smuggling and other criminal activity up to
and including terrorism. The profits to be made from illegal
cannabis are huge and are kept high by the disruption of the
laws of supply and demand created by prohibition.
Because
of its illegality, the trade doesn't pay anything into society
by way of taxes of course.
|
A
licensed dealer would be accountable
People involved in the commercial supply would be licensed
and would be expected to have a sound knowledge of the cannabis
they're selling in terms of what it is (grade/strain/potency).
A
minimum age for purchasing cannabis (18?) could be imposed
and dealers legally obliged to not supply problem users. They
would be required to run an orderly house.
Traders
who break the terms of their licence would lose that licence
and therefore not be allowed to trade. They may also face
other penalties as may be deemed fit.
Commercial supplies would only be allowed from registered
wholesalers who would obtain supplies only from licensed growers.
|
| |
Home
growing
Small
scale home growing would be allowed without licence in the
same way as wine or beer may be brewed by enthusiasts. However,
in the same way as home brewed wines or beers cannot be traded,
home grow cannabis could not be traded but may be given away.
|
| The
minimum age for buying cannabis is £10 - or even less. |
The
commercial supply of cannabis to minors should be an offence. |
| Blanket
prohibition is aimed at all users and is difficult if not impossible
to enforce with anything like an even hand. Enforcement is patchy
at best and is something of a post-code lottery, with different
police forces having widely differing policies. |
Laws
would be seen as fair and in the interest of the consumer, they
would thus be enforceable. |
|
The law offers no protection to people who have problems with
dealers. Disputes cannot be settled by recourse to the law and,
indeed, the victim would be considered a criminal. People with
mental health problems and children - the most vulnerable -
are the most at risk. |
Normal
sales of goods legislation would apply. Vulnerable groups could
be identified and given specific protection. |
| |
Selling
cannabis to children to be a specific offence.
Giving
cannabis to children would involve a duty of care, as with
alcohol at present. Supplying children with cannabis to use
unsupervised would be a dereliction of the duty of care and
thus an offence.
|
| Levels
of use are high and impossible to measure properly. There is
no evidence that prohibition or the severity of the law has
much if any impact on the levels of use of illegal drugs. |
Use
may go up, although it would be impossible to say for sure as
we don't know the present situation. However, it would be easy
to measure. Problematic use would be easier to identify and
deal with and social norms would be allowed to develop. |
| |
|
In
addition
There
would need to be a ban on all forms of commercial advertising -
branding, event promotion etc. - other than at the point of sale.
This principle should be applied to all drugs, including alcohol.
A
factual public health campaign aimed at awareness of the potential
hazards of cannabis use, particularly designed to reduce binge use.
We would welcome additional measures aimed at preventing the use
of cannabis by children, such as school based projects which aim
to delay the age of first use.
Especially
there should be a Campaign aimed at reducing the use of tobacco
to consume cannabis and encouraging safer methods of consumption.
Laws
should be farmed so as to prevent antisocial behaviour, being stoned
is no excuse.
Effective
laws aimed at preventing driving whilst intoxicated are needed anyway
and at present this would mean roadside impairment tests as no chemical
test exists to gauge impairment. We do not support the present chemical
tests which test for past use only.
Health
warning should be displayed on packaging and at point of sale both
of cannabis and of paraphernalia used to consume it.
Indicators
of success would be:
Removal
of street dealing.
Reduction in crime associated with the illegal trade.
Accurate figures for levels of use.
Accurate figures for potency/purity/strains of cannabis consumed.
Accurate knowledge of where cannabis is sold and by whom.
Laws which have the respect of the target user group
Summary
Cannabis
is firmly established in British culture and has been for many years.
UKCIA is not asking for a new drug to be introduced, nor does it
encourage the use of cannabis. Rather we call for effective laws
to properly regulate the trade that already exists.
We
do not accept the simplistic aims of the government; we do not see
lowering the overall level of use to a minimum as the most desirable
outcome, even if prohibition in fact did achieve this, which it
doesn't. The overall number of users is less important than the
profile of that use. As we know to societies cost with alcohol a
small number of young, heavy binge users is a greater problem than
a relatively large number of adult users who do so in moderation.
Back
to Pragmatism
Back
to the top
|

Page
designed and maintained by UKCIA
|
|