Laws governing cannabis consumption are often shrouded in medical, political, and legal controversy. Antony D'Angelo explains the United Kingdom highly publicised "Lambeth experiment" and takes a look at the attitudes towards the drug in some other countries

Those of you who were hoping to make a "Lambeth Walk" a little more interesting by openly smoking cannabis in the London borough had better think again. As of 1 August 2002, cannabis users once again face being arrested for openly smoking the drug in public.

The "Lambeth experiment" was launched by the police commander of the borough, Brian Paddick, last July, although, contrary to what many believed, smoking cannabis was never made legal. The pilot scheme meant that police did not have the right to arrest anyone carrying a small amount of the drug, even if they blew smoke into a police officer's face. Cannabis smokers faced nothing worse than confiscation of their supply and a verbal warning for public consumption. It was hoped that the scheme would allow overworked officers to concentrate on tackling people in possession of harder drugs such as crack and heroin.

From the start of August 2002, however, police officers have been able to use their discretion to arrest anyone under the age of 17 who is in possession of the drug or if aggravating factors are present, such as public disorder in association with cannabis smoking and openly smoking cannabis in a public place.

"The pilot scheme on the whole was successful, but we need to change a few things," a spokesperson for the Metropolitan Police explained. "We will on the whole seize and warn as before, but if there are aggravating factors we'll nick you."

The status of the drug continues to cause some confusion in Great Britain, especially since the home secretary, David Blunkett, announced in July this year that he intends to reclassify cannabis as a class C drug, putting it on a par with steroids and antidepressants.

Cannabis users who smoke the drug for medicinal purposes welcomed the news. Many people say the drug eases some of the pain associated with illnesses such as multiple sclerosis and spinal injuries.

But what is the attitude to the drug in other countries?

Cultivating cannabis is legal in some countries but not in others

Netherlands

The Dutch government adopted a liberal attitude to cannabis use in the 1970s. They allowed cannabis to be sold from youth centres and coffee shops, predominantly in Amsterdam and did not prosecute for possession.

The liberal attitude to drug takers and addicts manifested itself by considering such people as patients rather than criminals, giving them true education and a clean supply. This did not wean many users off drugs, but it did give them a clean supply, left out the heroin dealers, and reduced risks of overdose, illness from impurities, and death.

The result of the Dutch experiment was that, although the number of cannabis users initially increased, it levelled off by 1983. The use of hard drugs did not increase as fast in Holland as it did in neighbouring countries such as France, Germany, and the United Kingdom.

One thing to develop, however, was the appearance of the "cannabis tourist"--people visiting the Netherlands from other countries to buy and consume cannabis. This bought additional revenue to the Netherlands. The Dutch report that cannabis use causes no social problems.¹

Germany

Cannabis was illegal throughout Germany until the federal constitutional court decided on 28 April 1994 that people need no longer be prosecuted for possession of soft drugs for personal use. Since then, most German regional governments have tolerated the sale and use of soft drugs.

In some cities, cannabis supply is now tolerated in a similar way to the Netherlands. In other places the courts still treat possession as an offence. For example, in one state, Schleswig-Holstein, no charges are usually brought for possession of less than 30 g, but in Thuringia people are prosecuted for possessing even tiny amounts.²

In March 1999, Germany's drug tsar, Christa Nickels, said she considered it sensible to use cannabis products such as marijuana and hashish for therapeutic purposes in medicine. ³

Spain

Spain prohibits the use of cannabis but seldom prosecutes for small amounts--whether or not to arrest someone found to be in possession is left to the police's discretion. Personal possession is now legally defined as up to 50 g, but more than that is considered a public health hazard.⁴

In March 2001, all five political parties in the Catalan parliament signed a proposal to legalise cannabis use for therapeutic purposes. But the measure, even if approved in the Catalan parliament, can only take effect if the Spanish health ministry gives the go ahead.5

Ireland

Under current Irish laws, the manufacture, possession, supply, and prescription of cannabis are prohibited, except under licence from the health minister, Micheál Martin.

Last year, the minister indicated that he would consider legalising cannabis for therapeutic use, but only under strict conditions. He also insisted that medical claims regarding the benefits of cannabis for patients with certain conditions, such as multiple sclerosis, were not currently supported by recognised medical research.⁶ Debate has since been proposed about the legalisation of cannabis for medicinal purposes.⁷

Sweden

Sweden is extremely tough on drugs. The police are trained to watch people for "signs" of drug influence, such as lip licking, inappropriate exuberance, and finger twiddling. If someone projects the "wrong" signals, then often a flashlight is shone in their eyes to check pupil reaction. If the officer thinks that person might be under the influence of a drug then that person can be taken to the station for compulsory blood and urine tests.

At the last election, politicians used the drug war to win votes. They said the laws are too soft on drugs and want the police to be given power to forcibly inject emetics into suspects. ⁸

Australia

In Australia, criminal laws and penalties for cannabis offences vary from state to state. Since the 1970s several states have lessened penalties for possession, cultivation, and use of small quantities of cannabis.

In 1987 South Australia, followed in 1992 by the Australian Capital Territories, introduced expiation notice schemes, which required on the spot fines for minor cannabis offences; if the fine is paid promptly no court appearance or criminal record is necessary. Recently the Northern Territories, Victoria, and Western Australia followed suit and introduced cautioning.⁹

In May this year, the health minister of Western Australia, Bob Kucera, announced that cannabis would remain illegal under the government's proposed drug law reforms. He said that penalties for the personal use of cannabis would include infringement notices (police warnings) for people found in possession of less than 30 g or two plants.

Under the scheme, people caught with small amounts of cannabis for personal use will receive an infringement notice, and the drug will be confiscated. Police will retain discretion, however, and will be able to charge a person with a criminal offence if they believe the intent of the scheme is being flouted.¹⁰

United States

Cannabis, or marijuana as it is often known, is banned as a Schedule 1 drug, along with LSD and heroin, regarded as a substance with a high potential for abuse and no therapeutic value.

Simple possession is considered a misdemeanour and attracts a lighter penalty, although penalties are often extremely inhumane and seem to make no allowance for medical necessity. Under the federal law first time possession may be punished with a fine of $500-1000 (£325-700, a518-1036) or one year's imprisonment. This varies greatly from state to state.

In 1973, Oregon became the first state to adopt civil rather than criminal penalties for possession for personal use. Ten other states have followed suit.

Since the 1970s the call for medical marijuana has grown and is now a central issue. Between 1978 and 1982, 32 states acknowledged medical benefits and attempted to make cannabis available, but possession remains a federal offence.

Among the states where marijuana is legally used for medical purposes are California, Oregon, Washington, Alaska, Arizona, and Nevada. Colorado and the District of Columbia both voted in favour of legalising the drug for medical use, but were both rejected by the government.¹¹