Throughout the debates on independence or further devolution the issue avoided by all was drugs. It was ignored or stated to remain the same as the rest of the UK. But, why should that be? With the Tory Government ceding abortion law the argument that a pan UK position is required on certain social laws is blown asunder; and even different drink drive laws now apply either side of the Border. Moreover, it can’t be that the current UK position is an outstanding success, given the legal and social challenges faced by courts and communities on a daily basis.

The time has come for drugs policy to be devolved and Scotland to take action fit for the second decade of the 21st century; rather than administering UK drug laws from the early 1970s. The situation is compounded by the growing prevalence of so called “legal highs”; posing as many, if not more difficulties, as already illegal substances. The Road to Recovery strategy pursued by the Scottish Government over recent years has been the right one, albeit within the constraints imposed by the UK legislation. However, the current situation is still seeing early deaths, lives blighted and communities harmed. It’s time for Scotland to look anew.

The winds of change are now blowing around the world. A different approach is now being explored not simply in some European Nations like Portugal and in Latin America, but also in many States in the USA. Some have chosen to legalise some substances such as cannabis, others have decriminalised minor possession and sought to treat addicts whilst maintaining enforcement against the major drug trade. In all those jurisdictions, though, there has been a recognition that the “war on drugs” has failed. Even the United States with all its armoury is unable to stem the flow as it comes from within, as much as without their land. The direction is for drugs policy to no longer primarily be a law enforcement issue, but become predominately a health and social one.

A breeze has even drifted here with Police Scotland now dealing with many crimes of possession of minor amounts of cannabis, by a warning only. A recognition of the laws failure in the face of a significant body of public opinion, never mind the greater dangers posed by the serious organised crime gangs who supply it and other drugs.

Devolution of powers over drug policy to the Scottish Parliament and a review of them in Scotland are, therefore, overdue. A Commission of the great and the good in our society should be established to review what is one of the great social ills of our time. They should be charged with setting the legislative base for a modern drugs policy for Scotland. Laws there will still have to be and enforcement against those who make millions out of human misery must be maintained. The extent and manner can be debated but the direction of travel should mirror that now being pursued elsewhere. Predicated more on prevention rather than punishment and pursuing those profiting whilst helping those afflicted.

There is no silver bullet. The results in jurisdictions like Portugal have seen progress made but no complete solution. However, a change allows resources to be properly targeted. The Police can concentrate on the big players not the small fry. I recall a senior justice official once saying that “prohibition did not work in the USA with a low value, high visibility product like alcohol. Why would it work with white powder that’s high value, low visibility?"

Enforcement of debts has moved from the routine use of a knife to a gun. Current drug laws fuel that violence with turf wars over the profits to be made, never mind corrupting individuals and undermining legitimate areas of the economy. Communities have suffered whilst serious and organised crime has prospered. Change is needed to reduce the trade, profits and the evil consequences.

Health can seek to address the needs of those addicted in the community where it can best be tackled. There is something wrong in HMP Barlinnie being the largest single site methadone dispenser in Western Europe. Those who indulge for hedonistic or “recreational reasons” can be better targeted with increased resources available not just for education on the consequences but in the provision of alternative pursuits and lifestyles. Vital when money is short and pressures great.

The winds of change should blow through Scottish drugs policy.

Kenny MacAskill is a former Justice Secretary in the Scottish Government.