Year: 2021
Type: article
Abstract: This paper aims to discuss how institutional racism plays a part in the continued criminalisation of cannabis in the United Kingdom. I will start with a short history of usage and attitudes toward cannabis in the United Kingdom, mainly England. I will then assess the relationship that the criminal justice system has with cannabis and its users, and delve into how racial bias operates within law enforcement, using stop and search as a point of focus. This paper will explore how these biases lead to a disproportionate application of the law on certain groups of people. It will be argued while using Canada as point of comparison, that cannabis is being used in the United Kingdom as a political tool to favour voters of certain demographics, and that while more research is needed to fully assess the effects of cannabis, the reasoning behind maintaining cannabis’ status as a dangerous substance is both absurdly hypocritical and entirely no longer necessary. Medicinal, recreational, and the law The United Kingdom first listed cannabis as a prohibited drug in 1928 by adding it to the Dangerous Drugs Act 1920 in accordance with the International Opium Convention 1912. For an immeasurable amount of time the cannabis plant has been used recreationally, medicinally, and industrially across the planet, including many former British colonies and overseas territories.[1] The Misuse of Drugs Act currently lists cannabis and cannabis derivatives as Class B controlled drugs.[2] This classification means that it is a criminal offence in the United Kingdom to possess, grow, or supply cannabis to others. Section 6 of the act outlines the cultivation of any species of cannabis plant as a specific offence. Cannabis related offences are punishable through schedule 4 of the act. On indictment production or supplying of cannabis could result in up to fourteen years in prison, whilst possession alone, up to five years in prison, (an unlimited fine, or both). In 2004 cannabis was moved from Class B to Class C, which holds less prison time for possession while retaining the same fourteen years penalty for production and supply.[3] This was done after the Advisory Council claimed that even though cannabis was harmful, it was not as harmful as other Class B drugs; amphetamines, methylamphetamine, barbiturates, and codeine.[4] Another driving point was to take the pressure off arrests for possession of small amounts of cannabis to shift the focus of law enforcement toward other more dangerous drugs and crime.[5] This reclassification only stood for five years as cannabis returned to Class B in 2009 against the advice of the Advisory Council.[6] Currently in the United Kingdom a person can get a warning or Penalty Notice for Disorder (PND) for possession of small amounts instead of being arrested.[7] The United Kingdom was once the world’s largest exporter of cannabis for medical and scientific use, producing around 95,000 kilograms of cannabis in the year 2016.[8] In 2015, that production was at 41,706 kilograms.[9] For a country so determined to prohibit the use and supply of cannabis within its borders, it is quite ironic that businesses are being licensed for production for export, and that production doubled in that year. Law and Enforcement: stop and search and racial bias Canada, having legalised recreational cannabis in October 2018, will be used as a point of comparison to explore the UK’s complex legal and political relationship with cannabis. While recreational cannabis is still considered illegal in most of the world, many countries seem to not strictly enforce their laws. In pre-legalised Canada, cannabis use became increasingly socially acceptable. The enforcement of possession laws became less and less important to society, which was reflected in the prioritisation used by the police.[10] While unregulated sales remained illegal post the legalisation of medical cannabis in 2001, there still existed brick and mortar dispensaries where the public was able to purchase cannabis illegally. For the most part, law enforcement would leave them to their business unless they suspected a connection to gang violence, sale to minors, or other crime. It was common to see them reopen after being raided and shutdown.[11] Law enforcement in the United Kingdom has a lot of say about the way that perpetrators of cannabis-related crimes are dealt with. The Association of Chief Police Officers (ACPO) in the UK released an official policing guideline for cannabis possession for personal use in 2009 following the substance’s return to a Class B status in the UK.[12] This document outlines whether a warning or PND should be issued in place of an arrest and explains the ‘escalation policy’ used to determine which of the three the perpetrator will receive. To determine the severity of the possession they look at ‘aggravating factors’ such as whether they were caught in a public place, whether a young person is involved or could be exposed to drug use, and repeat offences.[13] This document states the purpose of these ‘aggravating factors’ as ‘The circumstances of the offence form part of the consideration in determining whether an arrest can be made and justified’.[14] So in theory as per this document an adult over the age of 18 with no prior history caught in possession of cannabis for personal use and not falling under any of the aggravating factors should be let off with a warning (which would not show up on a standard criminal record check) even though it is a Class B illicit drug. There are two important points regarding these guidelines. The first is that even though cannabis at this point had returned to Class B status, it was not being treated the same as other Class B substances – it is now being treated more leniently by law enforcement in comparison to other Class B substances. These more forgiving rules send a message to the public that even though cannabis was moved back to Class B status, it is accepted to be not as ‘sinister’ as the others. It begs the question of whether moving the drug back to Class B even had any bearing or real practical purpose. Herein lies an interesting unsynchronized relationship between the statute regarding the legality of cannabis and the approaches taken by law enforcement. Law enforcement is seemingly doing a better job than legislature at keeping up with public opinion by relaxing their approaches. Secondly, while they cover England, Wales, and Northern Ireland in a uniform manner, they are just that: guidelines. Each local policing authority has the prerogative of deciding how they may deal with a case of cannabis possession.[15] What is evident is that this prerogative is used, to varying degrees. Some policing authorities, such as Durham, have made public statements in which they have announced they will not be targeting individuals for possession for personal use.[16] An article in the Canterbury Journal interviews a resident that describes the city as ‘weed central’, indicating the city even has its own cannabis club (the Canterbury Cannabis Collective) that lobbies politicians at Westminster.[17] It would suffice to say that being affiliated with this cannabis club would be enough to fulfil the ‘reasonable belief’ that law enforcement needs to target someone. They are lobbying openly for the legalisation of cannabis, which indicates that law enforcement is largely just allowing it to happen. So, if the people want recreational cannabis legalised (or are indifferent to it), and law enforcement has begun acknowledging that it is not a priority for them to police, why has Westminster not caught up? Interestingly, in the same article another interviewee who is opposed to legalisation said she thinks, ‘it’ll increase the number of people smoking it by making it socially acceptable, like areas of Canada where people started smoking it openly and regularly once it had been legalised.’[18] This is statistically not true. According to Statistics Canada, self-reported cannabis use amongst Canadians rose from 14.9% before legalisation to 16.8% after legalisation. However, most of that difference of 1.9% could simply be accounted for by less hesitation to admit usage once it was not a criminal offence since results are self-reported. Additionally, respondents were to only report on whether they used in the three months prior to being surveyed.[19] So this is evidence of some apparent misconceptions about legalisation, and while a lax attitude from law enforcement may make cannabis users in those areas very happy, it is arguable that this prerogative in law enforcement’s hands is a detriment to equal treatment of perpetrators of the same crime from different backgrounds. There are many facets to consider when discussing the United Kingdom’s relationship to cannabis. For one, it is not a plant native to the country and its use was introduced during the colonial period mostly through the Indian subcontinent.[20] In South Asia, cannabis was widely used medicinally and recreationally and is considered in Hindu Ayurveda to be one of five sacred plants that relieve anxiety.[21] While many may think of cannabis in the context of a relaxed Caribbean stereotype (or even particularly Jamaican), the plant was first introduced to the Caribbean through the movement of Indian indentured workers brought there by the British regime.[22] The origins of this plant are culturally and socially connected to (but not exclusively) two racial groups, people of South Asian and of African descent. Its history plays a part in the way that it is viewed socially. It is no secret that both of these racial groups have faced tribulations at the hands of British colonialism, the legacy of which still lingers. One of these tribulations that has spilt into our modern existence is the entrenched racism that plagues the criminal justice system in the United Kingdom, of which law enforcement plays a huge part. The demonisation of dark skin leads to a
Source: Kent Law Review
Author: Balkissoon, Larissa
Institution: University of Kent
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W3191997472