Die Bericht der britischen Polizeistiftung (Police Foundation) beruht auf der umfangreichsten Untersuchung zur Cannabisprohibition in Grossbritannien seit über 40 Jahren. Der Bericht empfahl, den Besitz und Eigenanbau von Cannabis von Strafe zu befreien. Die Empfehlungen wurden sogar vom Daily Telegraph, der konservativsten seriösen Tageszeitung des Landes, unterstützt.
is that the present law on cannabis produces more harm than it prevents. It
is very expensive of the time and resources of the criminal justice system and
especially of the police. It inevitably bears more heavily on young people in
the streets of inner cities, who are also more likely to be from minority ethnic
communities, and as such is inimical to police-community relations. It criminalizes
large numbers of otherwise law-abiding, mainly young, people to the detriment
of their futures. It has become a proxy for the control of public order; and
it inhibits accurate education about the relative risks of different drugs including
the risks of cannabis itself.
on the law on cannabis and its implementation are:
i) Cannabis should
be transferred from Class B to Class C of Schedule 2 of the MDA and cannabinol
and its derivatives should be transferred from Class A to Class C.
ii) The possession
of cannabis should not be an imprisonable offence. As a consequence, it will
no longer be an arrestable offence in England and Wales under section 24 of
PACE, and arrests will only be possible under section 25 of PACE where there
are identification or preventative grounds.
of offences of cannabis possession should be the exception and only then should
an offence, resulting in a conviction, incur a criminal record. An informal
warning, a formal caution, a reprimand or warning in the case of those aged
17 or under, or a fixed out-of-court fine should be the normal range of sanctions.
iv) The cultivation
of small numbers of cannabis plants for personal use should be a separate offence
from production and should be treated in the same way as possession of cannabis,
being neither arrestable nor imprisonable and attracting the same range of sanctions.
Cultivation of cannabis for personal use under section 6 and production under
section 4 should be mutually exclusive offences.
v) The maximum
penalty for trafficking offences for Class C drugs, including cannabis, should
be 7 years imprisonment and/or an unlimited fine. This is broadly in line with
those European countries which we have studied and somewhat higher than most
of them. Cannabis trafficking offences would, like all such offences, continue
to attract the confiscation powers of the Drug Trafficking Act 1994.
or suffering people to smoke cannabis on premises which one occupies or manages
should no longer be an offence under section 8 of the Misuse of Drugs Act 1971.
sentencing guidelines should include vicinity to schools, psychiatric services
and prisons as aggravating factors for the purposes of sentencing for trafficking
and cannabis resin should be moved from Schedule 1 to Schedule 2 of the MDA
Regulations thereby permitting supply and possession for medical purposes. If
there is to be any delay in adopting this recommendation pending the development
of a plant with consistent dosage, we recommend a defence of duress of circumstance
on medical grounds for those accused of the possession, cultivation or supply
Foundation of the United Kingdom, "Drugs and the Law: Report of the Independent
Inquiry into the Misuse of Drugs Act of 1971", April 4, 2000. The Police Foundation,
based in London, England, is a nonprofit organization presided over by Charles,
Crown Prince of Wales, which promotes research, debate and publication to improve
the efficiency and effectiveness of policing in the UK.
Dazu gibt es einen bemerkenswerten Kommentar des Hausblattes der britischen Konservativen, dem Daily Telegraph:
Daily Telegraph: An Experiment with Cannabis (30.03.2000)