Peter Reynolds

• Commission Chair Lord Charlie Falconer KC publishes comprehensive study on the use of cannabis and the laws which govern it to reduce drug related harm
• Report makes 42 recommendations for London and national government covering education, healthcare and policing of cannabis
• Commission does not call for the legalisation of cannabis but does recommend that natural cannabis is moved from the Misuse of Drugs Act to the Psychoactive Substances Act
• This means it would remain a criminal act to import, manufacture and distribute cannabis but it would not be a criminal act to possess small quantities of cannabis for personal use
• Report is the most wide-ranging and detailed international study of cannabis use in recent history and has examined a vast amount of research and evidence from the UK and around the world

The London Drugs Commission (LDC) has today published its findings1 following the most comprehensive international study to date of the use, impact and policing of cannabis. It sets the scene for a robust national debate on how best to reduce the harms associated with cannabis and the laws which govern it.

Today’s report follows detailed analysis of written and oral evidence from over 200 experts and academics from London, the UK and around the world. Lord Falconer and his Deputies were assisted by leading experts from criminal justice, public health, community relations and drug policy3 and supported by academics from University College London (UCL).

The report reaches five overarching conclusions:

1. Cannabis can be addictive and more explicit provision of services focused on problematic use and addiction to the drug is needed, alongside greater join-up across health services.
2. Possible gains from legalisation, including tax revenues and reductions in criminalisation, can be realised early. However, the extent of harms, particularly with respect to public health, as well as personal and societal costs, take longer to emerge and are not yet well understood.
3. Inclusion of cannabis as a Class B drug in the Misuse of Drugs Act is disproportionate to the harms it can pose relative to other drugs controlled by the Act. The sentencing options currently available, especially for personal possession, cannot be justified when balanced against the longer-term impacts of experience of the justice system, including stop and search, or of serving a criminal sentence can have on a person.
4. Cannabis policing continues to focus on particular ethnic communities, creating damaging, long-lasting consequences for individuals, wider society, and police-community relations.
5. The content and timing of education about cannabis and its use, for both young people and healthcare professionals, is inadequate. It fails to acknowledge drivers of use and, in school settings, is often led by providers who lack sufficient credibility and insight.

Overall, the report makes 42 recommendations for London and central government to deliver a safer approach to managing cannabis use in London’s communities. These range from better education for young people about the dangers of cannabis, improvements to health and addiction services and changes to ‘stop and search’ protocols and the legislation under which ‘natural’ as opposed to ‘synthetic’ cannabis is governed.

After studying extensive evidence from other countries and jurisdictions which have changed the legal position of cannabis in recent years, and from educators, youth workers, medical practitioners and police who deal with the adverse effects of cannabis every day, the Commission does not call for cannabis legalisation. Instead, its principal recommendation is that the legal regime move natural (i.e. not synthetic) cannabis from the Misuse of Drugs Act to the Psychoactive Substances Act.

This would allow the production and supply of cannabis to be policed and remain criminal, whilst possession of small quantities for personal use would not be penalised. It would also help address ongoing disproportionality in the operation of stop and search, which particularly impacts London’s Black communities.

In addition, the report puts forward workable proposals to help policing in London; bring some order to schemes which aim to divert people out of the criminal justice system; further develop coordination across parts of the health system and improve education on the risks and uses of cannabis.

The Chair of the LDC, Lord Charlie Falconer KC, said: “This is the most extensive consideration of what is the correct public policy response to cannabis in recent times. It is clear that a fundamental reset is required. Legalisation is not the answer. The criminal justice system response needs to focus only on the dealers and not the users. Those who suffer from the adverse effects of cannabis – which may be a small percentage of users but it is a high number of people – need reliable, consistent medical and other support. And there needs to be much more education on the risks of cannabis use. Our Report provides detailed recommendations on how the law needs to change to reflect a new focus for the criminal justice system, and how the response of the public and other sectors can better support those damaged by cannabis use.”

Deputy Chair Janet Hills MBE, who has 30 years’ experience in the Met police, said: “It is time for a shift in our approach to cannabis enforcement to create a more equitable and just system. This report is a driver for change in our community. The 42 recommendations include reforming cannabis enforcement practices and highlight the need for a more balanced and compassionate approach to policing in our city.”

Deputy Chair Professor Virginia Berridge, Professor of History and former Director of the Centre for History in Public Health at the London School of Hygiene & Tropical Medicine, said: “Our report balances a focus on social and racial injustice with public health concerns and will help to resolve the cannabis conundrum.”

Professor Marta Di Forti, Professor of Drugs, Genes and Psychosis at King’s College London, Lead Consultant of the Cannabis Clinic for Psychosis at South London and Maudsley NHS Foundation Trust and member of the LDC’s Expert Reference Group said: “Learning from increasing post legalisation data from Canada and USA, any changes to the law should come along with the resources needed to support the increasing minority that develop psychosis when consuming cannabis, and with adequate and engaging education campaigns about the effects of heavy cannabis use on mental and physical health”

Jason Harwin KPM, retired Deputy Chief Constable, former drugs lead for the National Police Chiefs’ Council and member of the LDC’s Expert Reference Group, said: “Individuals use illicit drugs for many different reasons. Diversion is an evidenced based, proportionate approach that seeks to address the causation of an individual’s actions. Evidence shows effective diversion not only better understands and addresses an individual’s actions but reduces offending and risk for the future. It is critical London has a consistent approach to diversion.”

Professor Adam Winstock, Consultant Psychiatrist & Addiction Medicine Specialist, Honorary Clinical Professor at the Institute of Epidemiology and Health Care, UCL Faculty of Population Health Sciences, and member of the LDC’s Expert Reference Group, said: “It’s good to have been part of an independent expert panel that received submissions from across the political, ideological and cultural spectrum that makes London what it is today. The recommendations challenge the status quo but don’t make any assumptions that alternatives will resolve issues that are embedded in far wider socioeconomic issues. It prompts all of us to ask not only should things change but how, and how we might monitor and mitigate unwanted consequences.”