Decriminalisation in London: What Sadiq Khan’s Proposed Trial Could Mean

Introduction

As London moves into spring 2022, plans for a decriminalisation trial are developing. Sadiq Khan intends to test the impact of decriminalising the possession and use of cannabis and certain other substances such as ketamine for 18 to 24-year-olds in selected boroughs. The trial will not include the sale of drugs or substances considered more dangerous, such as methamphetamine.

What is decriminalisation?

Decriminalisation is not the same as legalisation. Under current law, cannabis is criminal, meaning its use, possession and sale can result in criminal conviction. Decriminalisation would remove criminal penalties for possession and use and replace them with civil consequences. Khan has suggested that individuals may be required to attend counselling or educational classes, similar to interventions used for speeding offences.

The current position and the international war on drugs

The UK currently criminalises the substances Khan seeks to trial. The leading legislation is the Misuse of Drugs Act 1971, which aims to restrict the use of controlled substances due to their association with crime, addiction and mortality. This reflects the broader Western approach often described as the war on drugs.

The underlying assumption is that prohibition, supported by enforcement, reduces drug use and therefore reduces crime and drug-related harm. However, evidence suggests this approach has not been effective. Some commentators argue enforcement is insufficient, while others argue prohibition itself cannot succeed. Historical examples, such as alcohol prohibition in the United States, demonstrate that demand creates supply regardless of criminalisation.

Public opinion

A 2016 briefing paper from the Drug Policy Modelling Program stated that drug use rates do not significantly change when laws are altered to decriminalise drug use. The paper also reported that Australian public opinion favours more lenient, non-criminal responses to possession. Similar attitudes are emerging in the UK, where many support decriminalisation as a starting point.

If decriminalisation does not increase drug use and is favoured by the public, the question becomes what supporters expect it to achieve.

What is Khan trying to do?

Khan has stated that his administration will examine international models, particularly Portugal. Before 2001, Portugal faced high addiction and mortality rates. It responded by decriminalising all illicit substances. The aim was to recognise drug use as a health issue rather than a criminal one. This shift improved trust between the state and the public.

Portugal prioritised dissuasion over punishment. This approach contributed to lower drug deaths and fewer convictions for possession and use. It encouraged individuals to seek support rather than fear criminal consequences.

Is Khan right to trial decriminalisation?

Many European countries have decriminalised at least some substances, suggesting a broader shift in Western policy. The UK government has said it does not endorse decriminalisation, with both Boris Johnson and Keir Starmer opposing it. However, supporters argue that the current approach is outdated and that education, support and trust are more effective than punishment.

Some commentators highlight the potential economic benefits of legalising cannabis in the future. Doug Fine’s book Too High to Fail discusses the possibility of a new green economic revolution, with cannabis offering medical benefits for conditions such as anxiety, depression and certain tumours. Legalisation could also generate significant economic growth.

Conclusion

Khan’s proposal represents a significant step towards approaches seen in other Western countries, although it remains politically contentious. Critics argue it is misguided, while supporters emphasise the socio-economic benefits and the potential to improve trust between the state and the public. Portugal provides a compelling example of how reframing drug use as a health issue can reduce harm.

Economic considerations may also influence future policy. Legalisation could allow the state to regulate substances more effectively, ensuring purity and reducing mortality linked to contaminated products. It could also provide economic revitalisation at a time when the UK is seeking growth. While it is too early to predict whether the UK will adopt decriminalisation more widely, the trial marks an important moment in the national conversation.