The Scottish government is calling on Westminster to implement drug policy reforms which prioritise health, including the decriminalisation of all drugs for personal supply, as part of its wider efforts to reduce drug deaths.

In a new paper, ‘A Caring, Compassionate and Human Rights Informed Drug Policy for Scotland’, the government says decriminalising personal possession of drugs, and instead treating and supporting people, could improve chances of recovery.

Published yesterday, the paper also calls for immediate legislative changes from the UK Government to allow Scotland to set up supervised drug consumption facilities.

The proposals follow the 2021 recommendations of the Scottish Drugs Deaths Taskforce and “unacceptable” drugs deaths figures, with just a 1% decrease in drug deaths in 2021 – leading charity Scottish Families to call for a zero drugs death target.

Announcing the proposals, Drugs Policy Minister Elena Whitham says the changes will help save lives and reduce stigma:

“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.”

She has written a letter to Scottish parliament committees for Health, Social Care and Sport, for Social Security and Social Justice and for Criminal Justice, saying that she looks forward to working with them on these reforms.

A year on since the National Drugs Mission Oversight Group was formed to improve policy and practice in Scotland, the new proposals include a call for immediate legislative change to allow Scotland to fully respond to its drug deaths crisis.

Among the harm reduction measures the government wishes to bring about is the introduction of supervised drug consumption facilities which are currently constrained by existing legislation.

Additionally, the Scottish government wishes to develop an update on the drug classification system to be based on harms and increase access to the life-saving drug naloxone.

Reflecting on the new proposals, Alex Feis-Bryce, CEO of Transform Drug Policy Foundation, says:

“This demonstrates commendable political leadership from the Scottish government on this crucial issue. Rather than pandering to “tough” populist narratives, this UK government and the Labour Party must support Scotland in delivering these proposals and take note that this is the best way to end the drugs crisis in the rest of the UK as well.”

Slow progress

Professor Angela Thomas, Director of Heritage at the Royal College of Physicians of Edinburgh (RCPEd), also welcomed the “significant” paper. She said the proposals include a number of “extremely important” recommendations that reflect College’s position over the past few years, adding:

“We fully support taking a public health approach to tackling the drug deaths emergency in Scotland and we will continue to give our backing to key initiatives like overdose prevention centres which have the potential to save lives.”

Professor Thomas restated the RCPEd call for the Scottish and UK governments to work together constructively outlined in the College’s 2021 paper on drug deaths which she co-authored.

Last year saw the introduction of an early warning system to help identify trends and risks to reduce drug-related harm in Scotland that enables anonymity for those concerned about legal repercussions.

Kirsten Horsburgh, CEO of drugs information and policy charity, Scottish Drugs Forum says slow progress towards decriminalisation has been ongoing for decades, adding that this remains a public health emergency:

“The proposals would be to end criminalisation and, in its place, there could be other measures more supportive of people who are experiencing drug-related problems – access to housing and support, access to treatment, access to training and employment, for example.

“In terms of the impact of decriminalisation, it would remove some of the stigma and marginalisation that people experience. There are a range of potential benefits.

“But we have to see this in the context of a public health emergency in Scotland and prioritise what we can do under existing law and without feeling we need permission from anyone else to address our own issues.”

Ms Whitham says changes could be implemented by extending specific powers to Holyrood, including the Misuse of Drugs Act 1971, or more immediately by Westminster using its existing powers to change drugs law. 

The Drugs Policy Minister added that the UK government’s approach is holding back developments that could help Scotland reduce drug deaths:

“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.

“Scotland needs a caring, compassionate and human rights informed drugs policy, with public health and the reduction of harm as its underlying principles, and we are ready to work with the UK government to put into practice this progressive policy.”

Read more: Oversight group for government drug action; RADAR system to spot drug death; Drugs oversight group chair appointed; Analysis: drugs and alcohol in Scottish health survey

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