This week, the government unleashed their much-awaited plan to tackle “recreational” drug use, with much of the rhetoric to-date centring around “middle-class cocaine users” and the need to implement “tough consequences” to tackle drug use. Whilst those in the drug policy reform space were anticipating the worst, there are small green shoots that offer reasons to be encouraged – even if there is still plenty of work to be done.
The new whitepaper, titled Swift, Certain, Tough. New Consequences for Drug Possession The Home Office released the report Monday. Many researchers are eager to unravel a multifaceted and unique approach to drug abuse.
There is a clear dichotomy whereby the report has been primed to be “tough on drugs” or tougher on drugs – a narrative so popular with the current Home Secretary, but some policy solutions seemingly reflect otherwise.
The report clearly demonstrates an effort to adopt policies that divert drug-related arrests away from the criminal justice system. Instead, these policies will be used to educate and treat people who are in possession of drugs. These schemes, also known as diversion, are similar to the driver awareness courses that are given to speeding drivers.
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This is unsurprising given the drug crisis – with deaths at unprecedented levels – having risen for eight consecutive years. As Home Secretary Priti Patel states in her foreword to the report, “more people die every year as a result of drug misuse than from all knife crime and road traffic accidents combined” – it is clear that a new approach to drug use is required.
So what are the key policy solutions, will they reduce tragic drug deaths, and are they more “tough” than before?
The topline policies include the removal of passports and driving licences for those who have been caught in possession three times, mandatory random drug testing on Tier 2 but crucially – and promisingly – no criminal sanctions for first time offences.
Optimists have been celebrating the seemingly progressive developments, with much of the discourse strangely criticising the government for implementing good policies, but dressing them up as “tough consequences.”
In terms of “toughness”, campaigners are united in our belief that consequences such as the removal of ID documentation impinges on the rights of people who use drugs, potentially destroying careers or livelihoods. Random drug testing, which is mandatory, can be both intrusive and stigmatizing. It is important to note that, while mandatory, random drug testing is both invasive and stigmatizing. However, it remains to see what effect this will have on illicit drug usage or, more importantly, how it will prevent drug-related deaths.
Also “tough” or more accurately unfair, is the escalation of punishment for non-payment of drug education courses on Tier 1. One should not be able to pay their way out of the criminal justice system, with this likely to punish those from poorer backgrounds, and allowing “middle class cocaine users” an alternative to criminalisation.
Whilst new outcomes on Tier 1 are less punitive for first time class a drug offenders as a whole, the rest of the picture is hard to decipher – particularly for class B offenders. The current diversion program, DIVERT is used in West Midlands and West Mercia Police areas. It was developed by the local Police and Crime Commissioners and delivered to Cranstoun by the charity I am a policy consultant.
Arron Owen, the National Criminal Justice Lead at Cranstoun who runs DIVERT, highlights key benefits in this form of diversion stating “most of the people referred have never spoken to anyone about their drug use before and roughly 90% are people who use cannabis. With around an 80% engagement rate we are seeing huge success with this service in both West Midlands and West Mercia Police Forces where officers have welcomed the opportunity to utilise meaningful interventions rather than simply arrest.”
The scheme is currently in operation in the West Midlands since almost two years. According the local Police & Crime Commissioner Simon Foster, has been “proving so effective”DIVERT is different from DIVERT. Swift, Tough, CertainThe first allows drug users to be diverted multiplexes with no worsening penalty provided they engage with the program. The latter increases the severity according to the frequency of being caught with drugs in their possession.
While the escalation in punishment is intended to deter and seem harsh, the emerging data from DIVERT clearly shows that repeated opportunities to join the scheme are working. This reduces reoffending and saves the police time and taxpayer money. Describing why DIVERT has thus far been a success, Mr Foster said “The truth is that if we can get people to turn their back on illicit drugs then we eliminate the market established by organised criminals. It’s important to reduce harmful drug use to improve people’s health, but if we can reduce illicit drug use then we will also reduce the crimes associated with this illegal industry.”
It is important to place emphasis on education and health, rather than criminalization. A health approach reduces harm through practical policymaking. Talking to people about their drug use is a wonderful way to educate them on the potential dangers.
The report’s positive aspect is its emphasis on education about the dangers of drugs and not criminal sanctions for first-offense offences. Researchers want to know more about the type and format of education that will be offered. Josh Torrance, of Bristol University asks “Will this education course be rooted in harm reduction, or will it focus purely on abstinence from drugs? This is a great opportunity to make a positive difference and engage recreational drug users who have never spoken to a professional about their drug use. However, we must learn from the D.A.R.E. failures. programme in the US and avoid trying to scare people into abstinence, a strategy which has never worked.”
There are clear signs that the government is recognizing the failures of the long-standing approach and is now looking at the evidence surrounding diversion schemes to address the drug crisis. Undoubtedly there is work to be done, and admittedly it appears the government is still desperate to seem “tough on drugs”. To fully embrace the benefits diversion, harm reduction and a holistic approach to health, the government must abandon the PR stunts like the removal of ID documents, attacks against people who use drug, and change their messaging so that it includes education, rehabilitation, health, and education.
