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Lord Falconer said the current law “doesn’t work, is disproportionate” and is also used to relieve genuinely symptoms of certain illnesses.

He said: “Stop and search in London for example is most commonly based on ‘the smell of cannabis’ and it is disproportionately used against young black men.”

He added: “The law treats cannabis the same as a whole range of much more serious drugs. The right course now, we think, is keep dealing criminal but make sure that possession is not a crime.”

Sir Sadiq Khan said current rules “cannot be justified”, adding that the commission’s findings had provided “a compelling, evidence-based case” for decriminalisation.

David Raynes, of the National Prevention of Drugs Alliance (NPDA), said any reduction in the legal consequences around cannabis would wrongly send the message that “cannabis was less harmful”.

The report makes recommendations in areas covering education, healthcare and the policing of cannabis.

Among the recommendations, it says natural cannabis should be removed from the MDA, where it is considered Class B alongside drugs like ketamine, and instead maintain it as a controlled substance under the Psychoactive Substances Act (PSA).

The report states: “The possibility of a custodial prison sentence of any length, but certainly up to the current maximum of five years, for possession of cannabis for personal use feels excessive.”

While acknowledging that it is very rare for anyone to be sentenced anywhere close to the five years, the authors said the “consequences of serving any time in prison are significant”.

The report states that police officers often identify cannabis possession through the use of stop and search which “continues to be utilised in a racially disproportionate way”.

Its authors call for the suspicion of cannabis possession to be removed as a reason officers can initiate a search.

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https://www.bbc.com/news/articles/c4g6www949zo

The independent London Drugs Commission (LDC), established by Mayor of London Sadiq Khan in 2022, has now published its findings following the most comprehensive international study to date of the use, impact and policing of cannabis. It sets the scene for a robust national debate on how best to reduce the harms associated with cannabis and the laws which govern it.

The report follows detailed analysis of written and oral evidence from over 200 experts and academics from London, the UK and around the world. Lord Falconer and his Deputies were assisted by leading experts from criminal justice, public health, community relations and drug policy and supported by academics from University College London (UCL).

The report reaches five overarching conclusions:

• Cannabis can be addictive and more explicit provision of services focused on problematic use and addiction to the drug is needed, alongside greater join-up across health services.
• Possible gains from legalisation, including tax revenues and reductions in criminalisation, can be realised early. However, the extent of harms, particularly with respect to public health, as well as personal and societal costs, take longer to emerge and are not yet well understood.
• Inclusion of cannabis as a Class B drug in the Misuse of Drugs Act is disproportionate to the harms it can pose relative to other drugs controlled by the Act. The sentencing options currently available, especially for personal possession, cannot be justified when balanced against the longer-term impacts of experience of the justice system, including stop and search, or of serving a criminal sentence can have on a person.
• Cannabis policing continues to focus on particular ethnic communities, creating damaging, long-lasting consequences for individuals, wider society, and police-community relations.
• The content and timing of education about cannabis and its use, for both young people and healthcare professionals, is inadequate. It fails to acknowledge drivers of use and, in school settings, is often led by providers who lack sufficient credibility and insight.

“This is the most extensive consideration of what is the correct public policy response to cannabis in recent times. It is clear that a fundamental reset is required. Legalisation is not the answer. The criminal justice system response needs to focus only on the dealers and not the users. Those who suffer from the adverse effects of cannabis – which may be a small percentage of users but it is a high number of people – need reliable, consistent medical and other support. And there needs to be much more education on the risks of cannabis use. Our Report provides detailed recommendations on how the law needs to change to reflect a new focus for the criminal justice system, and how the response of the public and other sectors can better support those damaged by cannabis use.”

Lord Charlie Falconer KC, Chair of the London Drugs Commission