Gradual changes to drug laws 'best' way 

Experts argue decriminalisation should be framed as 'public health' measure

The research team interviewed 21 experts on decriminalisation from across Scotland, Poland, Norway, Ireland, and Maine in the US. Picture: Getty

Gradual alterations to drug laws are often the “most effective way” to achieve implementation of decriminalisation, a new report has said.

Based on interviews with experts across five countries, including Ireland, the report said decriminalisation should be framed as part of a “public health” approach.

The report was commissioned by the Ana Liffey Drug Project and carried out by the Scottish Drugs Forum. Both organisations favour decriminalisation.

The research team interviewed 21 experts on decriminalisation from across Scotland, Poland, Norway, Ireland, and Maine in the US.

The experts were drawn from academia, policy, legal, law-enforcement, non-government organisations, and government and contributed anonymously.

Publication of the report comes after the Government announced that the Citizens’ Assembly on Drugs Use — tasked with examining laws and practices that could reduce drug harms —would start next month.

The report said that participants believed that the general attitude towards decriminalisation has “shifted”, particularly in the last five years.

It said that all five jurisdictions examined had made steps towards decriminalisation: “No jurisdiction had achieved de jure [legal] decriminalisation, but all had some movement towards it.

“In the jurisdictions with the greatest movement, participants emphasised that incremental changes were often the most likely and effective way to implement meaningful change on the road to decriminalisation.” 

The participants said that incremental change is only seen favourably by policy makers and other key players where it is “clearly separate and distinct” from legal decriminalisation.

This led to a belief that gradual changes that “shift power” from policing to public health was a means of achieving the “attitudinal” shift required for more extensive drug law reform.

Limitations

But the report said there were limitations to incremental change, citing the Adult Caution Scheme for possession of cannabis, introduced in December 2020.

It said this adopted a “three strikes” policy that criminalise people on their third offence, which would continue to impact most on those who are heavy drug users and/or homeless.

The report highlights the confusion around the different types of drug law reform – from diversion under a criminal model, to decriminalisation, to legalisation and variations in between.

It said clearly defining the model of decriminalisation being proposed was “key” in avoiding confusion with legalisation.

It added: “The framing of decriminalisation as a public health approach to drug use was deemed the most effective way to engage wider support for change."

Commenting, ALDP chief executive Tony Duffin said: “Criminalising possession of drugs for personal use disproportionately impacts on people from deprived areas, it acts as a barrier to future opportunities for people convicted, and permits negative stereotyping of people who use drugs.” 

He said decriminalisation would help people who use drugs, their families, communities, and wider society.