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Scottish Government backs decriminalisation of drugs for personal use

Scotland’s drugs policy minister Elena Whitham declared on Friday: “The war on drugs has failed.”

The Scottish Government has backed the decriminalisation of all drugs for personal use and called for the UK to radically change its approach to the issue.

In a press conference setting out the new policy in Edinburgh on Friday, Scotland’s drugs policy minister Elena Whitham declared: “The war on drugs has failed.”

Under the proposals, published in a policy paper, the Scottish Government also wants to see the rolling out of supervised drug consumption rooms across the country, allowing people to take substances safely.

The document also backs giving people better access to Naloxone, which can save lives by reversing the impact of drug overdoses.

The proposals follow recommendations made by the Drug Deaths Taskforce in September 2021 and an outcry over record levels of fatalities in Scotland.

The most recent official figures, published in July last year, showed that the number of people who died of drug misuse in Scotland in 2021 stood at 1,330.

This was a slight decline on the year before and the first time the toll has fallen for eight years, but Scotland continues to have by far the highest drug death rate recorded by any country in Europe.

Ms Whitham described the publication of the policy paper as “momentous”, and said she hoped it would be viewed as a “clarion call” for action across the UK.

However, she said she accepted that none of the policies could be achieved by the Scottish Parliament acting in isolation and that there were currently no plans for legislation on the issue at Holyrood.

For the required changes to the law to be made, Scotland would either have to vote for independence from the UK or persuade the UK Government to devolve further powers to Holyrood.

Another possibility is for the UK Government to act on a country-wide basis, which Ms Whitham said would be her preference as deaths from drugs was a UK-wide issue.

“These are ambitious and radical proposals, grounded in evidence, that will help save lives,” she added.

“We want to create a society where problematic drug use is treated as a health, not a criminal matter, reducing stigma and discrimination and enabling the person to recover and contribute positively to society.”

Drugs policy minister Elena Whitham said the proposals were 'radical' but 'grounded in evidence' (Photo: Getty)
Drugs policy minister Elena Whitham said the proposals were ‘radical’ but ‘grounded in evidence’ (Photo: Getty)

She continued: “While we know these proposals will spark debate, they are in line with our public health approach and would further our national mission to improve and save lives.

“We are working hard within the powers we have to reduce drug deaths, and while there is more we need to do, our approach is simply at odds with the Westminster legislation we must operate within.

“These policies could be implemented by the Scottish Government through the devolution of further, specific powers to Holyrood including the Misuse of Drugs Act 1971 – or through independence.

“An immediate way for these policies to be enacted would be for the UK Government to use its existing powers to change its drug laws.

“Scotland needs a caring, compassionate and human rights informed drugs policy, with public health and the reduction of harm as its underlying principles, and we are ready to work with the UK Government to put into practice this progressive policy.”

Within an hour of the press conference concluding, Rishi Sunak’s official spokesman said the Prime Minister had no plans to alter his “tough stance” on drugs.

Asked whether he was likely to grant the Scottish Government’s requests for changes to the law on drugs, his official spokesman said: “No. Whilst I haven’t seen those reports I think I’m confident enough to say that there are no plans to alter our tough stance on drugs.”

Chris Philp, the policing minister, said: “Legalising dangerous drugs is not the answer, and is likely to get more people addicted.

“Liberalising drug enforcement in some American cities has been a disaster. Drugs deaths per capita in England and Wales are far lower than in Scotland with exactly the same drug laws.”

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