Jersey’s Attorney General has introduced new guidance aimed at steering individuals caught with controlled drugs for personal use away from the criminal justice system and towards cautions and fixed fines. This significant policy update is being hailed by advocates as a crucial step in minimizing the harms associated with criminalizing personal drug use, a move that aligns with broader, trending shifts in drug policy internationally.
A New Framework for Personal Drug Possession
The core of the announcement involves updated directions for Jersey’s honorary police officers, particularly Centeniers who conduct Parish Hall enquiries. Instead of automatically pursuing prosecution for possession and importation of controlled drugs for personal use, officers are now guided to utilize written cautions and fixed fines. This revised approach, which replaces previous directives, formally incorporates recent legal changes, including Article 28A of the Misuse of Drugs (Jersey) Law 1978. For offenses involving Class B and C drugs, Centeniers can issue written cautions for first and second offenses under specific conditions. Repeat offenders for Class B or C drugs may face a Level 1 fine, set at £200 for Class B and £100 for Class C, provided certain criteria are met. For Class A drugs, however, any caution requires the consent of the Attorney General, and a second caution is not permissible.
Evolving from De Facto to Formalized Policy
Jersey has long operated under a system where minor drug offenses were often handled at the Parish Hall level, creating a de facto decriminalization for some, rather than leading to court prosecutions. This new guidance formalizes and refines these practices. It represents a logical progression, building upon guidelines that have been in place since 1998, and explicitly extends the option of avoiding criminal prosecution to repeat offenders under defined circumstances. This marks a departure from a zero-tolerance approach, reflecting an understanding that criminal records can have profound and lasting negative impacts on individuals’ lives, affecting employment, housing, and social integration.
Voices of Reform: Minimizing Harm, Encouraging Help
The announcement has been met with widespread approval from those advocating for a more progressive drug policy. Simon Harrison, a prominent pro-cannabis campaigner and coordinator for End Cannabis Prohibition Jersey (ECPJ), described the changes as “another step on the way to minimising the harms that are caused by criminalising people for personal drug use”. He views the guidance as a “welcome step forward” that strengthens arguments for upcoming legislative debates.
Deputy Tom Coles, who has been a leading figure in advocating for cannabis law reform in Jersey, also welcomed the news. He emphasized that the new framework provides “more of an opportunity to seek help and seek advice,” noting that “instances of possession do not necessarily indicate a ‘career criminal'”. Coles articulated that prosecution can often reinforce a “negative cycle” for individuals struggling with substance use, many of whom may be dealing with underlying issues. Health Minister Tom Binet echoed this sentiment, calling the guidance “sensible” and “helpful,” and advocating for a “pragmatic approach”.
Broader Implications and the Cannabis Debate
This development comes at a pivotal time, as Jersey’s States Members are set to debate potential changes to non-medicinal cannabis laws in November 2025. Deputy Coles’s previous proposition to decriminalize personal possession and recreational cannabis use was narrowly defeated in June 2024, though the Assembly did request that the government explore ways to relax current rules by the November 2025 deadline. The new guidance from the Attorney General is seen by campaigners as providing additional weight and momentum to these reform discussions, underscoring a commitment to a less punitive approach. This news is particularly timely as various jurisdictions continue to re-evaluate their drug policies, with a global trend towards harm reduction and public health-focused strategies.
A Pragmatic Step Forward
The new guidance represents a practical evolution in Jersey’s approach to drug offenses, prioritizing diversion and de-escalation over immediate criminalization. By offering more pathways to cautions and fixed fines, the policy aims to reduce the lifelong stigma and barriers that a criminal record can impose. As Jersey continues its conversation on drug policy and cannabis reform, this measured step signifies a move towards a more compassionate and evidence-based system, reflecting a growing global recognition that criminalizing personal drug use is often counterproductive and that focusing on public health and support services is a more effective way to address substance use issues.
