Memorandum from the Home Office on the
proposed reclassification of cannabis
This memorandum responds to the request from
Phil Willis MP, Chairman of the Innovation, Universities, Science
and Skills Committee, for an explanation of why the Home Secretary,
on behalf of the Government, rejected the recent advice from the
Advisory Council on the Misuse of Drugs about the classification
of cannabis under the Misuse of Drugs Act 1971 and how this decision
on cannabis classification reflects the Government's commitment
to evidence-based policy making.
The Government's decision to reclassify cannabis
to a Class B drug, subject to Parliamentary approval, is a preventative
measure. In our view, there is a compelling case for us to seek
to plan prudently for the future: to act now rather than risk
the future health of young people. We must ensure that the classification
of cannabis reflects the alarming fact that skunk now dominates
the cannabis market; and we must respond robustly to reverse the
massive growth in the commercial cultivation of cannabis in the
United Kingdom in the last few years. Reclassifying cannabis will
help to drive the enforcement priorities.
The growing prevalence of skunk is the major
change of substance in recent years. Skunk—the highest potency
herbal cannabis—now makes up 80% of street seized cannabis,
with a potency of around 16% which is up from 6% in 1995. It is
against the background of increased potency, together with real
public concern about the potential mental health effects of such
cannabis use, that the Prime Minister announced in July 2007 that
the Government would consider the classification of cannabis again
to see whether it was right that cannabis should be moved back
to Class B.
The Advisory Council on the Misuse of Drugs
reported in April 2008 that based on its harmfulness to individuals
and society, the majority of the Council's members took the view
that cannabis should remain a Class C drug. They considered that
the harmfulness of cannabis more closely equates with other Class
C drugs than with those currently classified as Class B.
However, the Council acknowledged the possibility
that use of stronger cannabis may increase the harm to mental
health. Young people may be more at risk if they first use the
drug at an early age—the Council refers to the average age
of first use being 13. It also suggested that some young people
might "binge smoke" to achieve maximum possible intoxication,
in the same way that some treat alcohol. The Council concluded
that if they do this, the consequences "may be very serious
to their mental health".
As the Committee is aware, the process by which
a drug is reclassified is statutory. Within that process there
are distinct roles and responsibilities. It is the role of the
Advisory Council to provide advice on harms, for Government to
consider that advice and then to make policy decisions taking
into account all relevant factors, and for Parliament to endorse
or reject those decisions.
By the terms of the Misuse of Drugs Act 1971,
the Advisory Council advice on the classification of a substance
is limited to its harmfulness to individuals and society. We do
not dispute the Advisory Council's findings and we have fully
taken into account its assessment of the harmfulness of cannabis
in accepting all the recommendations bar that relating to classification.
The Government remains committed to evidence-based
policy making. But policy making often involves an interpretation
of the available evidence, and scientific advice is one, but not
the only factor contributing to policy. Experience, values, and
judgement are all important contributors to policy making.
As we set out more particularly in our Response
to the Science and Technology Committee's Fifth Report of Session
2005-06, HC 1031, Drug classification: making a hash of it?, the
knowledge inputs into the classification of a drug include public
and political knowledge, taking into account potential long term
impacts, even when the evidence is not conclusive at this time.
As on other occasions, we have also taken into account the needs
and consequences for policing priorities.
Where there is a clear and serious problem,
but some uncertainty of a drug's full potential to cause harm,
we must err on the side of caution and take such preventative
action as necessary to protect the public. This is why the Government
made the decision to seek to reclassify cannabis to Class B.
June 2008
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