Alice Miles
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It is incongruous, incoherent and out of date; unwieldy and peppered with anomalies, an agglomeration of miscellaneous provisions adopted to address situations that in many cases no longer apply. The law governing illegal drugs should be scrapped almost in its entirety.
Don’t take it from me: this is what the Metropolitan Police assistant commissioner John Yates, one of the Met’s most senior officers (and the one with the interminable inquiry into cash-for-honours), has to say about the Misuse of Drugs Act 1971 and its offshoots. “The law as it stands is incoherent and out of date. It is based far more on prejudice and folk myth than on reason. It makes no mention of the UK’s two most death-dealing drugs: alcohol and tobacco . . . It criminalises people who are not otherwise criminals.”
He and his fellow members on the Royal Society of Arts commission on illegal drugs are not exactly dangerous hip-swinging liberals. There is Mr Yates, and the Professor of Government Anthony King, an MP, an MSP, the home affairs editor of The Daily Telegraph and the president of London First, the business leaders’ group, as well as a string of drug, health and social workers. Two years they have spent examining whether drugs policy in Britain works or not. And yesterday they announced the same conclusion secretly reached by the Prime Minister’s strategy unit four years ago: it has failed.
I’m not sure why it took them two years to work that out, but there we are. When the Misuse of Drugs Act was framed, amid national concern about the overprescription of heroin by GPs and a moral panic over cannabis, drug use was much lower than it is now. The number of problem users was in the low thousands, compared to the quarter-million there are today. If the aim of the Act was to deter the use and supply of proscribed or controlled drugs, it has clearly failed, as the commission unequivocally concludes.
Drugs are not going to go away, the report says, and hoping that they will is hallucination: “People have used them for thousands of years, widespread demand exists, supply is plentiful, and the illegal drugs industry, not to mention the alcohol, tobacco and legal drugs industries, are among the best organised and most market-oriented in the world. Prohibition is no more a viable policy in Britain today than it proved to be in America during the 1920s and 1930s . . . Policy and the administration of policy should be based on a cool appraisal of the facts, not on fantasy and wishful thinking.”
If drugs cannot be eradicated, they conclude, “then the principal object of public policy should be to reduce as far as is humanly possible the great harms that they may cause”. And this is where we get into the meat of the report. What the commission proposes is that society stop looking at drugs in terms of their criminality — how much criminal behaviour does each one represent in its little classification of A or B or C — and examine instead the harm that each drug causes, to the person taking it, to others around them and to society. Heroin, for instance, has a high social cost in terms of shoplifting and burglary as well as a high health risk; cannabis represents a much lower threat. So far so ABC.
But the proposed “harms index” that the commission would like to see developed would be more complex than ABC. If, for instance, it included those most commonly used drugs, alcohol and tobacco, alcohol — surprise, surprise — would come as high up the harms index as ketamine, and higher than banned amphetamines. Without quite specifying any drug that should be legalised, the commission recommends that criminal sanctions be confined to “those offences connected with drugs that cause the most harm”. I assume this means that selling cannabis to six-year-olds would land you in jail, while taking an Ecstasy pill in a nightclub might be allowed.
Here the commission runs into a problem: the complicated system of reclassification and reconsideration would imply greater regulation of alcohol and tobacco. And their nerve deserts them: “The commission does not recommend that alcohol and tobacco should be regulated as strictly as their objective harmfulness might seem to indicate . . . Alcohol and tobacco would have to be specifically exempted from consideration under many of the offences listed in the schedule.” Why? If you reclassify drugs according to harm, and ask society to reconsider its entire attitude to them, there is no good argument for excluding some of the most damaging. Part of the reason why drug laws are so disrespected and so widely flouted is that teenagers recognise that the lower classified drugs do far less harm to people around them than alcohol or tobacco. You either accept that society deems certain drugs to be morally wrong, or you take a pragmatic harm-based approach, with no opt-outs.
It seems that politicians in today’s climate will always retreat to the comfort zone of moral certainty which simply says that drugs are “bad”; the commission knew before the report was published that the Government intended to ignore it and insist that its own approach is working. That has been to fiddle with classifications — cannabis from B to C, methamphetamines from B to A — and expand the circumstances in which someone may be forced to take a drug test (on arrest, even before any charge) or attend a treatment course. Yet the commission points out that this forces some people into treatment who do not need or are not ready for it, while preventing others who want treatment from seeking it for lack of places or fear of incrimination.
Wishing the problem away isn’t working. I wonder which frontline politician will be brave enough to admit that it’s not as easy as ABC. It never was.

Alice Miles has been with The Times since 1999. She began as a Parliamentary Sketch writer before becoming a columnist, writing mainly on politics and national issues such as education and health. She won Columnist of the Year in 2007.
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The idea of legalising all drugs has a lot of sense to it. They're already widespread, we just need a more mature approach to managing them. People want to temporarily 'escape' from or 'heighten' reality in one way or another - society should help us manage our lives to be most productive for our community, but in the case of drugs, criminality and a lack of information is undermining some of the brightest of us. I don't believe money arguments as why we cannot change the system. We are talking about what is best for all members of society. The heroin junkie doesn't burgle your house because he's high - he burgles because he's NOT high. People can only change themselves, no-one else can, but it's hard when you're crawling the walls for a $50 'fix' (legalised cost would be ~$5). People want to make informed choices- and if I want to try a drug safely in my own home and fully informed of the risks, it should be my right to do so, in a civilised society. Go John!
PJ, Sydney, Australia
It is perfectly true that British Society has eight million people whose lives are damaged by legal drugs. I fail to see how it would benefit from having another eight million lives damaged by other drugs. The legal process is now the only effective downward pressure on use of illegal substances. There is no reasonable doubt that, as with the 'reclassification' (and effective legalisation) of cannabis, removing the legal barriers to accessing drugs will increase consumption, in terms of both numbers of users and weight of drugs. As for treatment, we don't have the resources to treat the users we already have, let alone those this policy would produce. If it costs £40,000 per annum to look after a Class A daily drug user (a conservative figure including housing, incapacity benefit and medical treatment) then the total cost of this change in policy is likely to be of the order of £320 billion.
Desmond Persaud, Wimbledon, London, uk
If you look back to prohibition, alcohol was made illegal, it did not work. It helped form the Mafia and made them very rich and led to extreme violence as the criminals protected their interests. The same is happening now with drugs, If people want something enough they will get it one way or another, laws will not stop them. It would seem to be better to decriminalise drugs, treat it like alcohol, tax it rather than the gangsters get the money, give farmers a fair price for their product and take away the danger of dealing with criminals, treat excess as a medical problem and stop the crimes committed by desperate addicts. If the drugs were legally freely available they would have no need to commit crime, the prisons would not be full of drug dependant people and there would be many people who had not had their lives ruined by drug fuelled crimes. It would also free up a lot of police time to deal with real criminals. A win win situation if the lawmakers have the courage to act.
ian till, haywards heath, sussex
Some confused responses to say the least! The crime is caused by drugs being illegal - how many people mug somebody to buy cigarettes or have a drink? Many of the health problems area caused by drugs being illegal - overdoses, dirty needles, cut with substances that are toxic etc. All the violence and gun crime is caused by drugs being illegal. Terrorists use drug money to finance killing us. So legalise drugs and crime drops by 50% or more, and the Police have twice as much time to spend catching real criminals. Prison populations halve, terrorists can't buy guns and our liberty is increased. Spend a quarter of the money saved on rehab, education and enforcing laws on driving whilst high etc, selling to children, and we can all take a massive tax cut without the drug problem getting worse. Oh but of course, drugs are "bad" so it will never happen.
Tim, London,
The logic of their argument (as reported) is either that alcohol/nicotine be treated as for illegal drugs OR that illegal drugs be regulated in the same way as alcohol/nicotine with the social & legal controls that currently apply (drunkenness, vehicles etc.). Consequently they should be sold to identified adults by pharmacists.
This would be a perfectly reasonable arangement (provided that the social controls were actually enforced.)
After all, the great social evil that is illegal drugs is the vast amount of money involved in the supply chain. Take that away and most of the real problems, crime etc. will largely dissappear. You cannot isolate one or two illegal drugs for legalisation, it, logically, must be all of them. The attraction will probably be reduced if it is no longer illegal. The pharmacist's professional ethics will remove the hard sell so prevalent with a pusher's desire for an escalating long term customer base.
Brian Vallance, LEFKIMMI, Greece
About time some people started to think intelligently. OK, lie around all weekend taking the drug which you fancy, or really go to town and have a good mixture. Then off to work on Monday and find you've forgotten how to drive your car, and you hit a pedestrian and they die. Well, these things happen.
So you get on a train to go to work, and the driver has had a fantastic weekend of haze and misses seeing a stop signal and the train collides with another, lots of people die and many injured. Well, these things happen.
Perhaps you are about to fly off to a holiday destination and the pilot and aircrew also had a happy weekend and the pilot forgets he needs to reach a particular speed before the aircraft can take to the air. The aircraft just crashes into the gravel at the end of the runway, the wheels fly off but luckily nobody is killed but many are injured, shocked and panic struck. Well, these things can happen.
Not funny is it, and that could happen every day !!
Phil, Newport, England
The premise of this article is the same old dreary argument used for years and years that alcohol and tobacco are bad things but no worse than other drugs and as they're legal, others should be too. The fact that every passing year sees more and more legislation curbing the use of alcohol and tobacco, with the tax system, age limits, driving limits and attempts to make both socially unacceptable is alway ignored. Furthermore, those who seek to pin the blame for bad drugs and crime related to the sale of drugs firmly on the fact that they're prohibited and so are linked to crime seem to ignore the illegal production, importation and sale of a considerable amount of alcohol and tobacco. Finally, Alice's mention of the legal drugs, tobacco and alcohol companies as paragons of capitalism seems to ignore serious issues of monopolies, bad practise and misleading advertising attached to all three industries.
Philip Stobbart, London,
John of Lewes has new thinking on the failed drugs policy.which has enriched the criminals greatly.The State should be in charge of the distribution of all drugs and benefit the taxpayers as they do successfully with alcohol and cigarettes.People who abuse themselves excessively with smoking and alcohol should not prevent the majority being able to choose or not if they want to try them.By making something illegal increases its appeal and the criminal fraternity is well aware of that. What is the attraction of a "bank job" when drugs importation and dealing is so much more profitable?Come on MPs face the reality of a failed policy.
Joe, Altea, Spain
A tighter regulation on Alcohol and Tobacco?...sorry...come again...Regulating Alcohol?! In Britain?! HA HA! Good one but I think someone is having a right old giraffe laugh...Not a chance it will ever come to fruitition in any immediate future...soon enough it will cost £10 for a pack of cigarrettes and £5 for a pint! How many Millenium eyes, Super Casino's and wars may be constructed and conducted! Wishfull thinking chaps. Never gonna happen. Not with big Tony and the rest of the circus still in charge.
Adam, Glasgow,
David Leslie, I' m not entirely sure that picking up a speeding ticket criminalises one in the same way that being charged with, say, possession of cannabis or ecstasy does...
kd, Glasgow,
Drugs are long-term mind damaging. Alcohol is long term body damaging if taken to excess. In reasonable amounts, it's life-enhancing....even over a long time. Great having a glass of wine with my meal, but a spliff, no - sorry.
Phil, Preston,
JO, Cambridgeshiore
Alcohol, in moderation, is good for you. All illegal substances in *any* quantities are harmful.
Um, no they are not! thats the whole point. You are just pandering to the moral panic surounding this while debate. look at the FACTS not just your own narrow prejudices!
Emma, London,
The vast majority of illicit drug users are no different then the vast majority of drinkers or smokers. They wake up monday morning and go to work paying their way. If cannabis, cocaine, ketamine, psilocybin(mushrooms), or xtasy to name just a few made drooling idiots and criminals out of every user then our institutions of higher education would seldom produce much more then a chimp. Unfortunately the loudest critics are often those who have little or no personal experience using drugs other then alcohol and thus are simply reproducing the pandering propaganda produced by the tabloid press.
Drug policy should be a harm reduction policy, and the fact is most of the harm from even the so called hardest illicit drugs stems directly from the consequences of prohibition, not drug use. Take the income out of criminal hands, clean up the supply, and regulate the sale. These simple approaches would result in significant public savings and focus attention on repairing harm not creating it
Scott, Swansea,
Jo how do you KNOW that a little bit of every illegal substance is bad for you? And what about tobacco - LEGAL and extremely bad for you. 5 years for smoking marijuana is not going to stop any teenager smoking it, they don't give a damn about prisonfor smoking, they will do it anyway. There are 100,000's of people getting criminal records needlessly every year for stuff like this, this means they cannot join the armed forces etc who are 1000's short in manpower anyway.
Tom, london, UK
John Yates describes the drug laws as criminalising those that would not normally be criminals (as does all criminal law, if murder wasn't a crime, there would be no imprisoned, criminalised murderes). How does that stand with police support for speed cameras, where people are 'criminalised' not for running down pedestrians, crashing into other cars or causing any other damage, but for just driving at a higher speed than the arbitrary speed limit, which was brought in in response to the oil crisis of the early 70's?
David Leslie, Perth, Scotland
Drug Laws and Drug Wars will continue as long as Governments
find them useful as a source for funding certain intellgience operations, controlling certain groups of individuals, and maintaining the flow of political support from the large number of "special interest" groups that are addicted to the benefits of laws whch criminalize the sale and use of certain drugs.
Tom Kellum, Houston, Texas
Alcohol, in moderation, is good for you. All illegal substances in *any* quantities are harmful. That is the difference, and why it is imperative that they remain illegal. The reason the laws are ignored is because they are not enforced. Ever want to see crime drop? Give a five-year custodial sentence for possession of the highly-toxic marijuana. But they won't do it.
jo, Cambridgeshire, UK
Some contributors seem to think that the abuse of alcohol only harms the user. In fact, alcohol is a major factor in physical assault,violent crime, industrial accidents, road accidents, sexual abuse,etc. The list goes on.
John, Weybridge, UK
Efficiency and clean hands don't go together as far as drugs are concerned. Quite a few people should get over it. Obviously, some drugs such as cannabis and cocaine should be licensed. There are reservations for a similar treatment to more damaging drugs such as crack or heroine but these should then be provided to registered addicts free of charge. These two actions would cut crime and the funding of crime quite substancially. Lastly, rather than trafficking being targetted, we should target drugs pushers trying to get minors into drugs. Everybody would end up much better off except for criminals, the latter including the big bosses who are in practice impossiblt to catch.
Jean Loup, London, UK
I think Alice Miles' premise is wrong. You should not base your policy on which drugs cause most harm, but on an estimate of which policy can cause most good. The harm a drug causes is but one factor in that estimate. Another factor is how widely used a drug is, and how widely that use is accepted. And that will lead you to a policy where abuse of alcohol and tobacco is only discouraged or even just politely advised against, whereas less harmful drugs can be prohibited successfully. That is how the real politics work.
Dirk Bosmans, Kruibeke, Belgium
Its quite ridiclious that the government, who only ten years ago were seen to be part of this new "young" society have totally lost the scope of how many people take drugs. Its a massive number. You only have to ask one person and one person will be able to get you something, its easy to get drugs. Annoyingly its the users who are being targeted and being made to look like the criminals for having a puff on a spliff or doing one line of coke. Its an archaic and despictable law which MUST be changed for the benefit of society.
Greg, Newcastle, Tyneside
If drugs are sold through Commercial Outlets, whose main aim in life is to make a profit, on the goods it sells, then no labelling in the World will stop the spread of its use - to the detriment of the users and Society.
Best make them available through specific agencies and Licensed Premises, with prescriptions as applicable, and we might keep tabs on the situation. We have given in far too long to the Retail Chains.
John Charlesworth, Sleaford , UK
I live next door to two drug addicts,young men in their twenties.Drugs are not only a problem with them,they are a problem for the whole neighborhood.They steal constantly.Everything you own has to be locked up and guarded.These two have been in countless rehab programs,none worked because these two men like drugs.Drugs are a problem for everyone around a user,not just to the users themselves.
RON, topsham,
Considering the amount of tax the government would be able to levy by legalising and regulating drugs, I am incredibly surprised that it isn't top of Gordon Brown's agenda. It would give him billions more to waste!
Josh, London,
For the state to legislate against a citizens wish to damage the self through substance abuse goes against libertarian and free market ideas, unless the rights and freedoms of others are adversely affected.
However, rational goal-directed behaviour can be destroyed by some drugs, with the substitution of an addictive, laid-back, focussed hedonism and lack of interest in working and providing for family. This could be deeply destructive of civilisation as we know it. The poverty and endemic apathy resulting from habitual use of the coca leaf can be seen in parts of South America.
In theory, education as to the inherent danger of everything from excessive alcohol to any lesser understood mind changing substance should enable informed choice, but there remains the hidden agenda of those with personality disorder where the preference for the handicap of others is a perverse alternative to meritocracy.
dr venables preller, Warminster, UK
I think drinking alcohol is a private thing.But drinking too much is a bad thing.
EricW, Nanjing,
People like John of Lewes think they sound very humane and liberal in talking about 'free citizens'' right to misuse alcohol and drugs. But free citizens also have the right to walk the streets and to drive their cars without risking crime and damage from drug- or alcohol-fuelled lunatics - a hazard increasingly common. Further, in many years practising as a doctor in the UK, I heard this 'human rights' argument over and again, but I never once heard a patient severely damaged by alcohol or smoking refuse expensive and time-consuming medical treatment, or complain then about the 'Nanny state'. That's different, isn't it?
Andrew May, De Panne, Belgium
Society's approach to drugs has been misleading. Instead of increasing awareness of a) effects and b) contents of drugs, they have become illegal, stigmatised and part of the black market culture. Society has allowed all illicit drugs to be labelled 'bad' without giving a full and detailed explanation of why.
People should be allowed to make up their own minds. I have never tried heroin because it is highly addictive and I don't like the idea of sticking a needle in my arm. Neither have I tried coke because I am worried I'll like it too much. I have come to these conclusions knowing that I could easily get hold of the stuff to try it.
As for alcohol - there are more annual deaths from misuse of alcohol than any illicit drug. It should not be banned, as I doubt this would work but a raised level of awareness would go a long way.
Frances Roberson, Croydon, UK
I fear this sensible review with obvious conclusions will be ignored and the panic stricken daily mail approach will win.
This country is not ready to see sense on this issue yet, it may take another generation to sort this mess out.
Unfortuanely I can see we are going to have to tolerate headlines in the tabloids explaining the perils of cannabis and cocaine - perhaps even calls for making them illegal!!
P S Simon, London, UK
Several major Eastern religions teach the benefits of following "panca-sila", or five-fold morality - abstaining from killing, stealing, lying, sexual miscondiuct and taking alcohol. The last is regarded as the most critical, as intoxication can lead to breaking the other four silas. In my own case, I was never interested in alcohol or tobacco but used psychedelic drugs, mainly from 1967-72. I don't know what harm this did, if any, but it did start me on a spiritual journey from which I and others have benefitted. Can the same be said of alcohol use?
Faustino, Brisbane, Australia
SOrry Alice, I don't think you are entirely right. If you look more at the proportional rate of damage, and how long it takes to cause it, alcohol and cigarettes are pretty low down the scale.
There is centuries of evidence on this. "Drugs" cause chronic and often rapid problems - whereas the effect of alcohol and tobacco take much much longer - decades even to create damage.
Given all the recent evidence on the serious damage cannabis does i.e it can permanently fry your brain, I think we should tread very very carefully on legalisaiton of "soft" drugs"
tim, uxbridge,
I know exactly what the daily mail will say.
They will say cannabis can cause mental illness and cocaine causes heart disease. They will probably get really confused then and demand these drugs are immediately made illegal...
P S Simon, London, UK
I agree with John!
Kimi , Melbourne,
I think alcohol is very bad to people' s health, we should not drink to much alcohol!
Jing Sun, Peking, China
Off Licences should be licensed to sell all drugs. They should issue clearly written guidelines with all purchases. Currently they sell cigarettes that clearly state that they will kill. Heroin should be marked accordinly with enclosed colour photos of the likey effects. Cannabis, amphetamines, cocaine should be clearly detailed as dangerous and inadvisable.
If free citizens in a free and open democracy choose to use them - it is their right. Protecting them from such foolishness has only built up a rich criminal network. It has not worked. It is no job of the Government to act the Nanny. It is the job of Government to control drug sales. It has done so with great success with alcohol.
The vast majority of citizens drink sensibly. Is it to be seriously considered that we ban alcohol because idiots abuse it? Children are clever enough to know what to take and are more likely to use drugs sensibly without seedy sellers and stupid laws.
John, Lewes, East Sussex