What Scotland can learn from the US ‘ground zero’ for failed war on drugs – The National

THE announcement last week that drug possession in Scotland is to be effectively decriminalised is a step towards a saner and more compassionate drug policy. However, the key to success with this approach will be research, education, and vigilance. In this vein, Scotland can and should take lessons from locations that have already taken these steps, such as Baltimore, USA.

Baltimore, synonymous with hit TV show The Wire and once called ground zero for the failed war on drugs, embarked on a new approach to drug use in March 2020. The States Attorney Marilyn Mosby (below) made the decision to stop prosecuting a range of low-level offenses, including drug possession and sex work.

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This decision was mirrored 18 months later when the Scottish Lord Advocate, Dorothy Bain QC, told parliament that police should use recorded warnings in drug possession cases.

In Baltimore, the States Attorneys Office recognised that research, education, and vigilance were key to making the new policy a success. First, despite this being a decision that was unilaterally taken by the prosecutors office, the States Attorney engaged leadership in the Baltimore Police Department and the mayors office to get feedback and support on the initiative. The result was a united front in support of the new approach from the citys key stakeholders. The police commissioner has encouraged officers to use their discretion to stop making arrests, and the mayor has spoken of the need to stop criminalising poor black people in the city.

The States Attorneys Office did not just rely on police leadership to educate law enforcement about the new change and ensure implementation. Police have had many questions about the new approach, and prosecutors have led education efforts, including presenting at roll call at each station, to speak to rank-and-file officers, hear their concerns, and talk through challenges. The office has also monitored the data to ensure that police and prosecutors are following through on the commitments made. Such education and oversight will be needed for the Lord Advocate to make certain that police are not paying lip service to the new approach.

One of the biggest challenges was what to do about prior cases involving drug possession. The Lord Advocate will face a similar dilemma. The policy change is prospective, but questions will arise about retroactivity. In other words, how should the Crown Office deal with pending cases for drug possession, warrants for drug possession cases, and people on probation for these offenses. In Baltimore, the principle has been one of broad retroactivity. If someone would have benefited from the policy prior to its introduction, then that person had their pending case or warrant dismissed. It would seem inherently unfair to approach the issue any other way.

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It is also important to educate members of the public about what the new approach means for them. In community meetings, we have heard concerns that the new strategy will lead to an uptick in public drug use or drug selling, and it is important to have answers for a wary public. A public that has spent a lifetime calling police on drug users will need to be educated on what alternative strategies are out there. In Baltimore, we forged partnerships to give people an alternative to calling 911.

We also worked with researchers from the Johns Hopkins University who found that the vast majority of those not prosecuted for drug possession did not go on to commit more serious offenses, showing that there was no public safety value in incarceration.

It is also crucial to build partnerships with harm reduction and drug treatment organisations. Whether we like it or not, the criminal justice system has played a significant role in the lives of people who use drugs. Its removal should be supplanted by public health collaborations. It goes without saying that the resources hitherto spent on the arrest and prosecution of drug users should be redirected to such services.

Drug users themselves should also be educated about the policy, especially given that they are its intended beneficiary. There is much mistrust between police and the drug user community, in part because of pervasive and damaging police practices. The recent Drug Deaths Task Force report recommended that the Scottish Government explore introducing tolerance zones, where police agree not to make active patrols or use stop-and-frisk powers.

To go one step further, it is embarrassing that a progressive government would allow stop-and-frisk an outdated and discredited policing tactic on anyone.

Similarly, the culture around dehumanising drug users must be addressed. Nicola Sturgeon admitted that her government had taken its eye off the ball on drug deaths, and it is no stretch to say that this happened because drug users are often working class, and overdoses often impact the poor and marginalised those society would rather ignore and forget.

The SNP having positioned itself as a champion of the working class should campaign to rid Scotland of the stigmatising attitudes towards drug use that can be so deadly.

Scotland has taken a bold step to stem the tide of drug deaths. The Government took its eye off the ball once; it cannot afford to do so again.

Michael Collins, originally from Glasgow, is the strategic policy and planning director for Baltimore Citys States Attorney. He was formerly director of national affairs at Drug Policy Alliance in Washington DC

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What Scotland can learn from the US 'ground zero' for failed war on drugs - The National