SCOTLAND'S drugs minister has defended a change in stance which will allow police to issue warnings to those caught with drugs such as heroin or cocaine, saying: “We can’t arrest our way out of a drugs death crisis.”
Angela Constance hit back after the Conservatives claimed the new approach – announced by Lord Advocate Dorothy Bain QC – amounts to “defacto decriminalisation”.
Tory MSP Russell Findlay hit out at the policy in Parliament.
He later tweeted: "SNP-Green coalition today effectively decriminalised heroin and crack possession by stealth.
"Alternatives to prosecution for other drugs already exist - but those who reject 'fiscal fines' etc are often not prosecuted. Surely now inevitable that will happen with Class A drugs."
But advocates of the change have criticised the Tories, arguing that drug policy should be a health issue and not a criminal issue.
Drug Addiction is a health issue not a justice one. 50 years ago the UK decided to criminalise traumatised folk who take drugs to ease their pain. Scotland now top the league for drug deaths & incarceration🏆🙇🏻♂️
— Iain @ Keegan Smith (@KeeganSmith_Law) September 23, 2021
I profit from that system but wish it to change. #SmartJustice🛠⚖️ https://t.co/0vpDCmOzCs
Iain Smith, a criminal defence lawyer, replied to Findlay: "Drug Addiction is a health issue not a justice one.
"50 years ago the UK decided to criminalise traumatised folk who take drugs to ease their pain.
"Scotland now top the league for drug deaths & incarceration I profit from that system but wish it to change."
Police officers can already use their discretion to issue warnings to those caught with Class B and C drugs – such as barbiturates and cannabis.
READ MORE: Drug deaths Scotland: More than 700 recorded in first half of 2021
Bain announced on Wednesday that that power is now being extended to Class A substances, which also include ecstasy, crack cocaine and magic mushrooms.
Describing the change as a “smart use of the law”, Constance said it will be at the discretion of police whether a warning is issued, and she stressed this will only be an option in cases of possession for individual use, not where someone is suspected of being involved in supplying drugs to others.
She hailed the move as “very significant” as Scotland aims to reduce drugs deaths – which reached a record 1339 in 2020.
She told BBC Radio Scotland the change had been welcomed by all parties at Holyrood “with the exception of the Conservatives”.
Speaking on the Good Morning Scotland programme, Constance added: “There is a recognition that as we embark on our national mission to reduce drug-related deaths in Scotland, we need as much as we can within our powers towards a public health response.
“I think the Lord Advocate’s statement was very significant.
READ MORE: Drug deaths Scotland: Alex Cole-Hamilton calls for WHO to intervene
“In her first statement to Parliament as the new Lord Advocate, she recognised the extent of the public health emergency that we face in Scotland and acknowledged the ability of police and prosecutors to help with that.
“The Lord Advocate was speaking about possession only. I would of course as the drugs minister argue that people caught in possession of heroin should be supported into treatment because we can’t arrest our way out of a drugs death crisis, and we need to be reducing demand for drugs as well as supply.
“This is of course a discretionary power by the police.
“But it is an example of how we can tailor our criminal justice system to be more proportionate and be more timely and a more smart use of the law.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel