Tuesday, 24 January 2012

Cannabis taxation: a win-win all round, Richard Branson tells MPs

 

The market for cannabis in Britain should be regulated and taxed, and responsibility for drug policy moved from the Home Office to the health department, Sir Richard Branson has told MPs. The Virgin Group head said the 20% of police time and £200m spent on giving criminal sentences to 70,000 young people for possession of illegal drugs in Britain each year would be better spent going after the criminal gangs at the centre of the drugs trade. "It's win-win all round,'' he told the Commons home affairs select committee. Asked about his personal history of drug use, Branson replied: "I would say 50% of my generation has smoked cannabis. I would say 75% of my children's generation has smoked cannabis … If I was smoking cigarettes, I would be very worried." He said that in his own Virgin companies he did not think staff who were found to be taking drugs should be dismissed but instead treated as having a problem, and helped. "There are many people in companies with drink problems or smoking problems," he said. Branson was part of a global commission on drug policy, which includes five ex-presidents and Kofi Annan, the former United Nations secretary general. The body concluded last year that the war on drugs had failed and called for experiments in decriminalisation. He was the first witness at the Commons home affairs inquiry into drug policy. Branson argued that the policy of switching responsibilty for drug policy from the Home Office to the health department had worked in Portugal, where nobody had been jailed for using or possessing drugs in the last 10 years. Portugal was the only country that had decriminalised all drugs. As a result of treating drug users rather than imprisoning them, he said, heroin use and heroin-related deaths had fallen by more than 50%. In Britain, 100,000 young people a year were arrested for drug offences, and 75,000 of them were given criminal records, which meant they had problems in later life in travelling to some countries, he said. "If next year those 100,000 people are not prosecuted for taking drugs, but they are helped, I think the commission would welcome Britain doing that." He said if the sale of cannabis and other drugs were regulated and taxed, then the quality of what was being taken could be controlled. He contrasted the lack of deaths in Portugal with the recent deaths of three teenagers in Britain from taking tablets they wrongly thought were ecstasy, citing the fatalities as an example of the consequences of failing to regulate the illegal market. The Virgin chief admitted he had not read the UK Home Office drug policy statement, which emphasises diverting drug users from prison, but said the 100,000 arrests each year were evidence the policy was not working in practice. Pressed by some Conservative MPs on the committee to come down on one side or the other in the debate over methadone maintenance versus abstinence, Branson said he was no expert, and it was for the MPs to establish what worked best.

Drugs mule sentences cut in new sentencing guidelines

 

People who smuggle drugs will face more lenient sentences if they have been exploited, under new guidelines. The change in approach on "drug mules" is in the first comprehensive rules on drugs offences from the Sentencing Council for England and Wales. The council said judges should distinguish between those who have been exploited by gangs and criminals heavily involved in the drugs trade. But it said large-scale drugs producers should expect longer jail terms. The council's role is to provide judges and magistrates with a set of broad guidelines so that sentencing is more consistent across England and Wales. Last year the council carried out research into 12 women convicted of drug mule offences, all of whom received sentences of between 15 months and 15 years. The majority of the women said they did not know that they had been carrying drugs when they arrived in the UK, although some admitted being suspicious. In most cases they had carried the drugs for someone they trusted or feared what would happen if they did not do so. Continue reading the main story DRUGS SUPPLY SCENARIOS Guidelines on sentencing for supply vary due to circumstances Example one: Student club-goer guilty of supply of 20 ecstasy tablets to himself and a friend. He buys off a regular dealer recreation and there is no financial gain. Sentencing starting point is 18 months - but can be as low as a community order or as high as three years. Example two: Police stop man in a car who is carrying cocaine worth up to £6,500. They find more drugs trade evidence at home and incriminating messages on a mobile phone. Suspect is involved in commercial-scale selling for profit. Sentencing starting point is eight and a half years. Under the new guideline, which comes into force on 27 February, the starting point for sentencing drug mules guilty of carrying crack, heroin and cocaine will be six years, before judges take into account aggravating and mitigating factors. Those found guilty of a much higher level of involvement in the drugs trade will face longer sentences. Those coerced into smuggling small amounts of Class C drugs, such as ketamine, could be given a community order. The councils said there would be no change in sentences for the key offences of possession and supply, but dealers who provide drugs to under-18s should receive longer sentences. Class A drug street dealers should expect a starting point of four and a half years. Lord Justice Hughes, deputy chairman of the Sentencing Council, said: "Drug offending has to be taken seriously. Drug abuse underlies a huge volume of acquisitive and violent crime and dealing can blight communities. "Offending and offenders vary widely so we have developed this guideline to ensure there is effective guidance for sentencers and clear information for victims, witnesses and the public on how drug offenders are sentenced. "This guideline reinforces current sentencing practice. Drug dealers can expect substantial jail sentences." The guidelines, which applies to magistrates and the crown courts, covers the most common drugs offences - importing, production, supply, possession and allowing a premises to be used for these offences. Chief Constable Tim Hollis, in charge of drugs policy for the Association of Chief Police Officers, said: "The Council has clearly given a good deal of consideration to the new guidelines and has produced a document which provides the police and our criminal justice partners with consistent guidance yet still provides the courts with flexibility to deal with each case on its own merits where appropriate." Juliet Lyon, director of the Prison Reform Trust campaign group, said in the light of the guidelines it "calls on the government to review the sentences of all those who have been trafficked into acting as drug mules and are currently languishing for long years in British jails".

Caught with six kilos of cannabis and you could still avoid jail

 

Sentencing guidelines issued today say that offenders who play a “limited” role in gangs could face community orders for intent to supply Class A drugs. Dealers caught with 6kg of cannabis, valued at £17,000 and enough to fill 30,000 joints or keep an average user in supply for 17 years, could also avoid prison. The sentences on drug “mules” will be cut substantially, while workers in small cannabis “farms” could escape custody. Courts will be told for the first time to reduce sentences for cannabis possession if it is being used for medicinal purposes. The guidelines maintain tough sentences for gang leaders and those who sell directly to the public, especially to children.

Monday, 23 January 2012

Drug Users Could Avoid Jail Under New Guidelines Published By The Sentencing Council For Judges

 

Friends socially sharing drugs and those using cannabis for medicinal purposes could escape jail under new guidelines for judges. Drug runners and small-time dealers caught with heroin, cocaine or thousands of pounds worth of cannabis could also avoid prison. Instead, low-level operatives caught with 6kg of cannabis, 20 ecstasy tablets, or five grams of heroin or cocaine are likely to receive a community sentence. The guidelines, which come into force on February 27, are expected to be met with mixed reaction. They state a prison sentence may not be necessary for people who supply small amounts of narcotics to share with their friends for no personal gain. They also urge judges for the first time to reduce sentences for cannabis possession if it is being used "to help with a diagnosed medical condition". It is the first time all courts in England and Wales have been given a comprehensive guideline setting out how the role of the offender and the quantity of drugs should influence sentencing. So-called drug "mules", often women forced or tricked into the crime, could face a starting point of six years if deemed to be playing a "lesser role" in bringing up to 1kg of heroin or cocaine into the country. This is compared to the 11-year starting point if the offender was one of the leading figures. Those caught with small amounts of cannabis could avoid jail But the Sentencing Council said offenders who were employed by someone else to import or export drugs regularly for profit would still face tough sentences of up to life in prison. It said tougher sentences could also be handed down to key players guilty of producing drugs on a large scale. Offenders in a leading role in the production or cultivation of 11lb (5kg) of heroin or cocaine or tens of thousands of ecstasy tablets could face up to 16 years in prison. Those producing industrial quantities of cannabis for commercial purposes could also face up to 10 years in jail. Anyone dealing to those aged under 18 would also face tougher penalties. Under the guidelines, street dealers will still face jail, with those playing a key role in selling class A drugs facing a starting point of four and a half years, with up to 16 years for a single incident, depending on the quantity of drugs involved. 

Drug Users Could Avoid Jail Under New Guidelines Published By The Sentencing Council For Judges

 

Friends socially sharing drugs and those using cannabis for medicinal purposes could escape jail under new guidelines for judges. Drug runners and small-time dealers caught with heroin, cocaine or thousands of pounds worth of cannabis could also avoid prison. Instead, low-level operatives caught with 6kg of cannabis, 20 ecstasy tablets, or five grams of heroin or cocaine are likely to receive a community sentence. The guidelines, which come into force on February 27, are expected to be met with mixed reaction. They state a prison sentence may not be necessary for people who supply small amounts of narcotics to share with their friends for no personal gain. They also urge judges for the first time to reduce sentences for cannabis possession if it is being used "to help with a diagnosed medical condition". It is the first time all courts in England and Wales have been given a comprehensive guideline setting out how the role of the offender and the quantity of drugs should influence sentencing. So-called drug "mules", often women forced or tricked into the crime, could face a starting point of six years if deemed to be playing a "lesser role" in bringing up to 1kg of heroin or cocaine into the country. This is compared to the 11-year starting point if the offender was one of the leading figures. Those caught with small amounts of cannabis could avoid jail But the Sentencing Council said offenders who were employed by someone else to import or export drugs regularly for profit would still face tough sentences of up to life in prison. It said tougher sentences could also be handed down to key players guilty of producing drugs on a large scale. Offenders in a leading role in the production or cultivation of 11lb (5kg) of heroin or cocaine or tens of thousands of ecstasy tablets could face up to 16 years in prison. Those producing industrial quantities of cannabis for commercial purposes could also face up to 10 years in jail. Anyone dealing to those aged under 18 would also face tougher penalties. Under the guidelines, street dealers will still face jail, with those playing a key role in selling class A drugs facing a starting point of four and a half years, with up to 16 years for a single incident, depending on the quantity of drugs involved. 

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