Scottish Senior Judge Says Cannabis Decriminalization Should Be Considered

One of Scotland’s most senior judges, Lord McLuskey, has sharply criticized a federal “white paper” calling for enhanced anti-drug penalties. In addition, the former solicitor general stated that there needs to be an open debate on the issue of decriminalizing cannabis.

“The people who advocate the decriminalization of cannabis need to be listened to and not condemned,” he said. “Open debate is not only healthy, it is essential.”

In a nine page response to the June “white paper,” McLuskey maintained that current prohibition ostracizes a large percentage of the younger generation and encourages disrespect for the law overall. “A particular problem for the criminal justice system is that, if the law continues to treat all use of scheduled drugs [other than on prescription] as criminal abuse, it will further alienate and criminalize large numbers of younger people who regard the use of certain drugs in sensible quantities and settings as providing enjoyment without significantly threatening their health,” McLuskey wrote. “Alienating large numbers of people by making them into undetected offenders against criminal law greatly weakensthe criminal justice system.”

McLuskey also argued that marijuana has medicinal value and contested the prohibitionist belief that any use of an illicit substance “must be an abuse.”

“The sentiments and concerns of Lord McLuskey greatly echo those of NORML and the testimony we presented this year before Congress,” stated NORML Deputy Director Allen St. Pierre.

McLuskey has sat in the House of Lords for 20 years.