The rates of drug-related deaths in Scotland has steadily increased since the 1980s, causing many Scottish representatives to cite the issues as a national emergency or an epidemic.
In the words of the former First Minister, Nicola Sturgeon, on the topic of drug related deaths, “We know there is much more to do to address this unacceptable crisis”.
As legislation on drugs is reserved to Westminster, the Scottish government has called on the UK Government to change the laws, so that people found in possession of drugs can be rehabilitated, rather than penalised, to give them an incentive to avoid drugs misuse, which could potentially reduce the number of deaths. It would instead target those responsible for trafficking drugs, which in essence would threaten the cause, not the result.
Statistics prove the severity of the issue and are in favour of their motivations. According to the National Records of Scotland, in 2016 and 2017 Scotland had a drug-death rate which was higher than that of any EU country for which figures were available. Additionally, in 2018, Scotland’s drug-death rate was 3.4 times that of the UK as a whole, being 4.6 times greater than that of England alone. Clearly, Scotland has the highest drug death rate recorded by any country in Europe by a significant margin. In 2022, the number of people who died from drug misuse was at 1330. It could be argued that by treating drug addiction as purely a public health matter rather than a criminal matter, prevention, treatment, and long term effective support can be more accessible for individuals suffering with substance abuse, and by reducing the stigma associated with drug addiction, people who are suffering privately will feel confident to reach out and seek help. The crisis Scotland is currently facing caused the Scottish government to invest more than £250 million into addiction services, despite the amount of deaths, and perhaps decriminalisation can ensure that the use of the funds is more effective.
Additionally, sources used for the criminal justice system can be redirected towards public health schemes, which allows for the reaping of a greater benefit. In some countries, this has proven to be successful. In 2001, Portugal also embraced decriminalisation, which then treated addicts as those in need. Illegal drug use among Portuguese teenagers subsequently declined, and 45% of heroin addicts sought medical treatment. This could prove to be the same result in Scotland, which could reduce the number of deaths and the number of people suffering from addiction.
On the other hand, it has been argued by Labour and Conservatives alike that Scotland is using this issue as yet another method of distancing itself and its values from the UK, using the crisis as a political football for the benefit of the agenda of Scottish Independence. This was last seen in the controversial situation of the block on Scottish gender reforms, which was also claimed to be purely for the cause of independence by UK representatives. Since there is a clash between the drug laws reserved to Westminster and the health policy laws devolved to the Scottish government, opposers of the new proposal argue that it’s an excuse to have a constitutional battle with Westminster.