Health officials in Scotland are examining a potential legal shift that would create an exception to the nationwide smoking ban, specifically to permit the supervised smoking of crack cocaine in dedicated drug consumption facilities in Glasgow and Edinburgh.
A Shift in Drug Use Patterns
This unprecedented consideration follows a marked increase in the number of people who use drugs switching from injecting heroin to smoking crack cocaine in Scotland's two largest cities. Experts describe this trend as presenting both new public health challenges and opportunities for intervention.
In Glasgow, authorities have formally requested that the Scottish government expand the remit of the UK's first officially sanctioned drug consumption room. The Thistle centre, which opened earlier this year in the city's east end, currently permits the supervised injection of heroin with clean needles. Officials now want to add enclosed and ventilated booths where individuals could smoke crack under supervision.
Kelda Gaffney, Glasgow’s chief social work officer, has informed the city's integrated joint board that since the centre's launch, it has become evident that incorporating a smoking room is "critical" to its overall success. She highlighted that cocaine is now the most heavily used drug, whether injected or smoked, but is frequently adulterated with other substances. Local data indicates a decline in needle use but a concurrent rise in smoking, shifting the public health argument towards supporting those who use crack.
Navigating a Legal Minefield
The proposal faces significant legal hurdles. The Smoking, Health and Social Care (Scotland) Act 2005, enforced since 2006, imposes fines of up to £1,000 per incident on individuals who smoke in prohibited places, with those managing the premises facing penalties of up to £2,500.
Furthermore, supporting drug use remains illegal under the UK-wide Misuse of Drugs Act 1971. With Home Office ministers refusing to amend this legislation, Scottish ministers previously sought a workaround. They asked Dorothy Bain, the Lord Advocate, to issue a "statement of prosecution policy" ensuring users would not be charged for breaches of the act inside the Thistle centre for injection purposes.
Glasgow health officials believe this waiver would need to be explicitly extended to cover crack smoking. If Edinburgh proceeds with its own planned safe consumption facility, a similar approval for crack cocaine use from the outset may be requested from the Lord Advocate.
Driven by a National Crisis
This controversial move is part of a broader strategy to tackle Scotland's devastating drug deaths crisis. The country has the highest drug-related death rate in Europe, a figure more than three times that of England and Wales. Cocaine was implicated in nearly half of the 1,017 drug deaths recorded in Scotland last year, and in 52% of deaths in Glasgow.
Provisional data for the current year shows nearly 900 lives lost to drug misuse between January and September, an 8% increase on the same period last year. This includes 195 deaths in Glasgow and 81 in Edinburgh.
Maree Todd, Scotland’s Minister for Drug and Alcohol Policy, confirmed her officials are "working closely" with Glasgow authorities, Police Scotland, and the Crown Office to explore the options. While not committing to a legislative change, she welcomed Glasgow's investigation into the need for smoking facilities, stating The Thistle facility continues to demonstrate the value of an evidence-based approach to safeguarding life.
A spokesperson for Edinburgh’s health and social care partnership stated their business case for a safe consumption facility is still in development, with no final decision made on including a smoking room. However, they acknowledged evidence of rising crack use in the city and its contribution to harm, indicating options for addressing it would likely be considered.
The Scottish Drugs Forum has labelled the combination of Scotland's smoking ban and UK drug laws a "double barrier" to effectively supporting people who use crack. Kirsten Horsburgh, the forum's chief executive, warned this legal impasse prevents facilities from implementing interventions proven internationally to save lives.
The debate over amending the landmark smoking ban legislation could cast a shadow over its 20th-anniversary commemorations in 2026. Since its introduction, smoking rates in Scotland have halved, falling from 28% to 14% of the population.
