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Scotland wants to decriminalise drug possession

Under the new policies and proposed legislative changes, the country’s government wants to allow people found in possession of drugs to be treated and supported rather than criminalised and excluded.

As part of a new effort to tackle Scotland’s chronically high drug death rates, the country’s government is challenging Westminster to decriminalise all illicit substances for personal use.

During a press conference held in Edinburgh, Scotland’s drugs policy minister Elena Whitman laid out the new proposals, stating, ‘the war on drugs has failed.’

Under the new policies and proposed legislative changes, the Scottish government also wants to increase the testing of drugs to ensure safety, set up more provisions for emergency treatment of drug overdoses, and introduce new supervised drug consumption facilities.

‘We want to create a society where problematic drug use is treated as a health, not a criminal matter, reducing stigma and discrimination and enabling the person to recover and contribute positively to society,’ said Whitman at the event, which took place earlier today.

‘Our proposals are ambitious and radical, grounded in evidence, and will help save lives.’

She added that while the Scottish government was doing all that it could to reduce drug-related deaths, ‘our approach is simply at odds with the Westminster legislation we must operate within.’

Possession of drugs 'is not treated as a crime'

As it stands, the Scottish government is unable to make any changes to legislation around drug possession as drug laws are still controlled by Westminster.

And as Whitman noted, the only way that the suggestions could be implemented is ‘through the devolution of further, specific powers to Holyrood including the Misuse of Drugs Act 1971, through independence,’ or if the UK government as a whole changes its stance on existing drug laws.

This seems unlikely in light of Downing Street’s response, which was to immediately dismiss Scotland’s calls to overhaul or devolve the legislation, which the prime minister’s official spokesperson saying that Rishi Sunak had no plans to alter his ‘tough stance’ on drugs.

To this, Whitman argued that decriminalisation is ‘no longer a novel approach’ but in force ‘across the world and works well.’

‘If you push people who are using drugs to the margins, that’s when bad things happen to people,’ she explained.

‘If you actually allow people to have all of the information that they need, based firmly within a harm reduction model, people are going to come to less serious harm.’

Scotland has highest drug death rate in EU - BBC News

Pointing out that Westminster’s drugs legislation is now 50 years old, she stressed the urgent need for a 21st-century framework to build around a public health approach.

This is of particular importance to Scotland, which continues to have by far the highest drug death rate recorded by any country in Europe, and five times the rate in England.

Nevertheless, the Home Office has repeatedly said that they have no plans to decriminalise drug possession, and in 2022 announced proposals that would require anyone found with drugs such as cocaine, MDMA, or cannabis on their person to pay a fine or attend a drug awareness course at their own cost.

The proposals also stated that those who were repeatedly caught ran the risk of having their passport and driver’s licences confiscated.

‘Scotland needs caring, compassionate and human rights informed drugs policy, with public health and the reduction of harm as its underlying principles, and we are ready to work with the UK Government to put into practice this progressive policy,’ said Whitman, who is determined not to give up.

‘If the UK government fails to move forward with this policy with us and refuses to devolve the powers to us, then I need to take a position at that point to figure out what do we do next for Scotland in terms of drugs laws.’

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