Do the strategy vision’s focus areas for combined substance use go quite far enough?

I do believe this is the most urgent piece of work, currently affecting a significant portion of our community and prior to voting upon the proposal, I would like to highlight the following key points.

The work of the Justice Review highlights that 11% of the community are regular cannabis users, while alcohol use contributes to criminal conduct, most notably those involving violence within or outside the home and, along with smoking, creates a significant financial burden for the public purse in supporting public health.

The strategy vision of ‘a safe and healthier Guernsey and Alderney where the harms caused by tobacco, drugs and alcohol are minimised and islanders are empowered to improve their health and wellbeing’ and focus areas are welcome, but I would ask for consideration to be given to whether they, at this stage go quite far enough?

While we have this opportunity, I would draw your attention to the fact that ‘harms’ include the unintended harms with existing policy, to those who manage their substance use with a level of mindfulness, who are ‘functioning’.

The new vision anticipates education around having the right relationship with substances being part of the overall plan, rolled out in schools and to the wider public with greater health support.

It is my view that we can consider the values of this proposal at an earlier stage and draw a line under past policy, as of now. Our existing policy is outlined to be more harmful than good, and in all conscience, I would respectfully suggest that we adjourn all criminal matters relating to or involving substance use into a diversion scheme. I would respectfully submit that this would play to the values outlined in the new vision and at the earliest stages restoratively begin the journey of repairing these unintended harms.

On page 12 of the Proposed Combined Use Strategy, the priority areas for services are outlined and include provision that services are to be ‘person-centred’ and ‘trauma-informed’, ‘evidence-informed’ and ‘equitable across the whole population’.

We have cases awaiting trial that predate many parties’ ability to lawfully access cannabis by means of medical licence, for example. While many consider that cannabis use is a victimless crime, I do understand and support the position of many who would consider the routes to accessing unlawful drugs to be harmful to community. The most notable factor being that these drugs are managed and controlled by those operating at various levels of organised crime networks, something our finance industry focuses its compliance and regulatory efforts on safeguarding the Bailiwick from.

Our community, however, have been more vulnerable than our business sector and deserve recognition of our greater understanding of the trauma involved in substance use, than just continuing with matters as if we did not have this information. I would propose that each case currently in process is adjourned sine die, until such time as it can be reviewed by a panel conversant with this framework and the revised consideration around genuine ‘harms’ can be reassessed. I submit it would be far less traumatic for the parties awaiting trial during these changes and less costly for the States of Guernsey in the interim.

Industry will no doubt benefit and thrive from the understanding now that it is possible, under the right framework and regulation, to use cannabis safely. Currently, a medical prescription is expensive (circa average £400 per month to a Guernsey patient) and as per the learning from Canada in its first year (Transform Drug Policy webinar 9/6/20) we can expect that those who cannot afford a prescription will either look to repurpose prescription medication – already factoring as an issue for Guernsey and one we would like to continue to tackle – or ensure there is an affordable alternative for those with broad spectrum needs that could be met safely, without repurposing.

To safeguard our community further, and minimise the harm caused by substance use, I propose that how community ‘possess’ their substance is either lawfully by prescription or by introducing a liminal layer for those using cannabis – cited as being the higher level of concern for unlawful substance use but lower level of risk, and unique in Guernsey that other drugs are not more prevalent.

If possession is to be tolerated, it follows that how one is in possession needs to be considered and could be most safely tolerated, without reverting to the dangers of importation or attempts at it, as follows:

Ability to grow up to four plants, in a space not visible to the public, which cannot be sold and can only be consumed in the same habitation. Secure storage upon harvesting where it is inaccessible to minors is a further safeguarding measure.

While the plants or harvest from them cannot be sold, consideration can be considered to tolerating ‘sharing’ that plant with a consenting person, aged over 21, in the same habitation, without considerations of supply.

It is proposed that the consumption of cannabis in a public space should not be allowed.

I have noted that it is proposed to hold a public and professional consultation on new approaches to possession offences for individuals found to be in possession of small amounts of drugs for personal use (page 25 of the proposed strategy), but it is my experienced view that day-to-day harms continue at a time when significant harm and trauma are already being visited upon the most vulnerable in our community. It is too important to delay when we need to act and protect them now. We know the direction and we should be getting our feet wet with it and correcting course as evidence arises, much as we did in less chartered territory in our first lockdown.

There is no reason that the data collection cannot begin immediately. This was cited as important in the health and justice review, and will, no doubt like our regulatory services elsewhere, improve with time and experience.

The Government of Malta produced a white paper in March 2021 outlining their efforts towards the strengthening of the legal framework on the responsible use of cannabis along with proposals to Transform Drug Policy – How to regulate Cannabis, a Practical Guide should you wish to take a deeper dive into this proposal.

MRS VICTORIA LENORMAND