Scottish Government Calls for Decriminalisation of Drug Possession for Personal Use

Discarded paraphernalia used by drug users is pictured in a lane in Glasgow on Dec. 15, 2020. Andy Buchanan /AFP via Getty Images

The Scottish government has called on the UK government to decriminalise the possession of drugs for personal use.

Drugs policy minister Elena Whitham said on Friday that her government’s new proposals are “ambitious and radical” and “will help save lives” in Scotland, which has by far the highest drug death rate recorded by any country in Europe.

A policy paper produced by the Scottish National Party (SNP) said people found in possession of drugs should be treated and supported rather than criminalised and excluded.

It said decriminalisation would free “individuals from the fear of accessing treatment and support, reducing drug-related harms and, ultimately, improving lives.”

But drugs policy remains a “reserved” matter for the UK government, meaning the Scottish government has no power to decriminalise drug possession unilaterally.

Its new proposal has little chance of being implemented, as both the Conservative government in Westminster and the main opposition Labour Party have rejected it.

‘Reducing Stigma and Discrimination’

Speaking at a press conference in Edinburgh flanked by former New Zealand Prime Minister Helen Clark and former Swiss President Ruth Dreifuss—both of whom are drug reform advocates—Ms. Whitham said the proposed changes are a “momentous step forward.”

She said: “These are ambitious and radical proposals, grounded in evidence, that will help save lives.

“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.

“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.”

Europe’s Drug Death Capital

Scotland—known as Europe’s drug death capital—has seen its narcotics crisis worsening in recent decades.

Some 1,330 people lost their lives from drugs misuse in 2021—nine fewer than the previous year, according to figures published by the National Records of Scotland in July last year.

However, it is still the second highest annual total on record.

Opioids continue to be the main cause of drug-related deaths in Scotland, accounting for 84 percent of all deaths.

The SNP has long claimed decriminalisation could be a solution to the problem.

At the party’s 2019 annual conference, SNP activists unanimously backed a call for control over drugs laws to be devolved to Scotland, to allow for the “decriminalisation of possession and consumption of controlled drugs.”

‘Reckless’

But Downing Street has frustrated the party’s ambitions to decriminalise drug possession.

Within an hour of the Edinburgh press conference finishing, Prime Minister Rishi Sunak’s official spokesman poured cold water on the proposals.

Asked whether Mr. Sunak is likely to grant that request, 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.”

Douglas Ross, leader of the Scottish Conservatives, said on Twitter: “This is reckless, dangerous and naive. Legalising class-A drugs will not help tackle the SNP’s drug death crisis.”

The Labour Party also ruled out the policy.

Asked about the SNP proposals, Labour’s shadow chancellor Rachel Reeves said during a trip to Scotland, “I don’t think this sounds like a good policy.”

“I find it quite stunning that this would be a priority for the Scottish government when we’re here today talking about the Tory mortgage bombshell and what we would do to address that,” she added.

Scottish Labour leader Anas Sarwar said drug deaths are three times as high in Scotland as elsewhere in the UK despite the same drugs laws.

PA Media contributed to this report.