Log In

Reset Password

Classifying drugs

Drugs Control Minister Wayne Perinchief deserves credit for opening up the debate on whether Bermuda should adopt Britain’s approach to drugs and punishment based on a classification system.

In 2004, Britain adopted a classification system for drugs, with maximum penalties outlined for people convicted of either possession or supply of the drugs — all of which remain illegal.

The most harmful “Class A” drugs like heroin, cocaine and ecstasy, carry maximum prison sentences for possession of seven years or a fine and life imprisonment and/or a fine for supply. “Class B” ‘drugs like amphetamines and barbiturates carry a maximum five year sentence for possession and/or a fine and 14 years imprisonment and/or a fine for supply.

“Class C” like cannabis or anabolic steroids are considered to be the least harmful and carry a two-year maximum sentence and/or a fine for possession and a 14-year maximum prison sentence and/or a fine for supply.

Although possession of cannabis still carries the potential for a fine or imprisonment, Police officers have some discretion not to make an arrest, and there is a general sense in the UK that possession of cannabis — but not supply — has been decriminalised.

As with the Alternatives to Incarceration programme that has been operating in Bermuda for some years, there is a recognition in the legislation that the effect of punishment for “simple possession” for a small amount of cannabis can be worse than the supposed cure.

It tends to make criminals of young people who are otherwise law-abiding, often with grievous effects on their lives and careers. And it can be argued that casual consumption of cannabis does little harm to the person’s ability to work, raise a family and generally lead a successful life.

Against that argument, many people feel that cannabis is a “gateway drug” that can lead to more extreme drug abuse of controlled substances like cocaine and heroin whose effects are very severe, both physically and mentally.

There has also been recent evidence that cannabis does have physical and mental health effects that can do damage for life.

Finally, there is a fear — as there was with ATI — that failure to punish will remove the deterrent effect of the law and lead to increased drug abuse.

Last year, Britain’s Advisory Council on the Misuse of Drugs was asked to review the law on Cannabis and to recommend whether or not it should be made a “Class B” drug in recognition of studies linking cannabis abuse to mental illness.

The Council submitted its report, and recommended that the drug not be upgraded.

But it did reconfirm that cannabis is harmful and that there were links between cannabis and mental illness, and in particular in the incidence of psychotic episodes. The Council was reluctant, based on the available evidence, to state that there was a causal link between cannabis and schizophrenia.

The Council also reported that based on crime surveys, there had been a gradual reduction in the use of cannabis in the UK since 1998, suggesting that the new drugs policy had not caused an increase in cannabis use.

In addition to recommending that cannabis remain a “Class C” drug, it called for greater public awareness campaigns and assurances that appropriate treatment programmes are in place.

This is a debate that is worth having in Bermuda. This newspaper feels at this time that the current ATI programme is sufficient to ensure that people with drug problems receive treatment first, although there remain concerns that the treatment programmes need further support. But discussing different models and coming up with the best practice for Bermuda is important and should be continued.