Scottish ministers are considering a significant legal shift that would create an exception to the country's long-standing smoking ban. The proposed change would permit individuals to smoke crack cocaine within specially designated, supervised facilities in Glasgow and Edinburgh.
A Response to Shifting Drug Trends
This potential policy adjustment comes directly in response to a notable increase in drug users switching from injecting heroin to smoking crack cocaine in Scotland's two largest cities. Public health officials have identified this trend as a key driver of harm and a contributor to the nation's drug-related deaths crisis.
Kelda Gaffney, Glasgow’s chief social work officer, has publicly stated that providing a supervised smoking room is "critical" to the success of drug treatment centres. This view is supported by evidence from Edinburgh’s health and social care partnership, which confirms the rising use of inhaled crack is increasing risks of harm and death.
Navigating a Legal Impasse
The current law presents a major obstacle. The Smoking, Health and Social Care (Scotland) Act 2005, which was enacted in 2006, imposes strict penalties. Individuals caught smoking in a banned public place face a fine of £1,000 per incident, while those who permit smoking can be fined up to £2,500.
Maree Todd, Scotland’s drug and alcohol policy minister, confirmed her officials are "working closely" with counterparts in Glasgow, Police Scotland, and the Crown Office to explore available options. She highlighted the value of an evidence-based approach, citing the existing Thistle facility as a model that safeguards life and reduces harm.
However, the Crown Office has indicated that the Lord Advocate would need a specific, detailed proposal before considering any extension to the current prosecution policy that pilots such a scheme. Kirsten Horsburgh, chief executive of the Scottish Drugs Forum, warned that this "legal impasse" prevents facilities from implementing interventions proven essential by international evidence.
The Path Forward and Potential Impact
Government sources acknowledge that resolving this complex issue may take considerable time. The move represents the first major potential shake-up of the smoking legislation in nearly two decades. The primary goal is to create a safer environment for a growing population of drug users, moving them away from riskier behaviours and into spaces where they can access support and treatment.
If approved, this exception would mark a pragmatic and controversial evolution in Scotland's public health strategy, prioritising harm reduction in the face of a persistent national emergency.
