Policy analysis
Drug policy reform and the reclassification of cannabis in England and Wales: A cautionary tale

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Abstract

When the legal classification of cannabis was downgraded in 2004 it represented the most significant liberalisation of British drug law in more than 30 years. Paradoxically, however, this apparently progressive reform led to an intensification of police efforts targeting minor possession offences and its failure was confirmed in January 2009 when the decision to downgrade cannabis was reversed. This article documents the impact that reclassification had on law enforcement activities and seeks to explain why it failed to deliver a more progressive approach. Drawing on official statistics, the analysis charts the process of net-widening that followed the reform, identifying a sharp increase in the number of people caught in the criminal justice net for minor possession offences. While police targeting of such offences was an unintended consequence of performance targets, broader political influences were also at play. The contradictions and reversals involved in the reclassification of cannabis, it is argued, can be readily understood in terms of the broader politics of crime and control and the ‘structured ambivalence’ of state responses.

Section snippets

The origins of reform

The decision to downgrade cannabis came as something of a surprise. Controlled substances are rarely reclassified in this way and the political climate was not conducive to such a change. The immediate impetus for reform originated outside the main political parties and came from the Independent Inquiry into the Misuse of Drugs Act, which was convened by the Police Foundation – an independent think tank specialising in policing and crime reduction. Chaired by Viscountess Runciman, a former

From fantasy to reality

Once the proposed reclassification had been endorsed by the ACMD (2002) and Parliamentary Select Committee on Home Affairs (2002), the Government announced that cannabis would be downgraded to Class C. Under existing arrangements, this meant its possession would no longer be an ‘arrestable offence’ and most offenders would be dealt with through a combination of warnings and cautions (Lloyd, 2008). Only offences that were punishable with a prison sentence of five years or more were deemed

Unintended consequences

Drug offences form part of the staple diet of the criminal justice system (Home Office, 2013a, Ministry of Justice, 2010) and present a particular challenge to law enforcement agencies. Because drug use is a consensual activity it rarely comes to light through victim or witness reports and requires a more proactive approach to policing than other forms of street crime (Alexander, 2010). This typically means officers exercise considerable discretion when searching for drugs and often focus on

The politics of a failed reform

The reclassification of cannabis exacerbated many of the problems identified by the Independent Inquiry: street warnings and penalty notices have extended police discretion, producing a clear net-widening effect; convictions for drug possession offences have increased; many otherwise law-abiding, mainly young, people are still being criminalised to the detriment of their future; and drug policing continues to be disproportionately targeted at minority ethnic communities (Eastwood, Shiner, &

Conclusion

The story of the reclassification of cannabis is a sobering one for anybody with an interest in drug policy reform. What should have been a stepping stone to a more proportionate and workable policy has, if anything, led further away from this goal. The Independent Inquiry's original recommendation was subject to a double translation as politicians and police reached a negotiated settlement that diluted and ultimately undermined the reform. Including cannabis street warnings as a sanction

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