The War on Drugs: Has Prohibition Failed?

Nearly twenty years ago, one of Scotland’s most respected legal figures delivered a devastating verdict on the war on drugs: prohibition was not working.

In this episode, former detectives Simon McLean and Tom Wood revisit the views of Lord John McCluskey and ask whether decades of criminalisation have reduced drug use — or helped create the hugely profitable black market exploited by organised crime.

Simon argues for a radically different approach built around decriminalisation, regulation and rehabilitation. Tom challenges the practicalities: who would supply regulated drugs, could easier access increase consumption, and does Scotland have anything like the treatment infrastructure required?

They examine Scotland’s record on drug deaths, the relationship between drugs and organised crime, and lessons from approaches used overseas.

Tom also reflects on his own experience working in alcohol and drug strategy and raises a crucial question about drug deaths: rather than looking only at how someone died, should we pay much more attention to how they lived in the years beforehand?

The discussion then turns to Scots law and Brennan v HM Advocate, a murder case involving alcohol, LSD and the important legal principle surrounding voluntarily induced intoxication, insanity and diminished responsibility.

A frank discussion about drugs, crime, health, law — and whether continuing with the same policies can ever produce a different result.

Real cases. Real detectives. Real talk.

Chapters

• 00:00 — Cold Open: The War on Drugs Has Failed
• 00:53 — Lord McCluskey and Scots Law
• 03:54 — “It Does Not Work. It Cannot Work.”
• 05:03 — Tom Remembers John McCluskey
• 06:48 — Is Prohibition Causing the Problem?
• 08:03 — Drugs and Organised Crime
• 10:01 — Decriminalisation, Regulation & Rehabilitation
• 13:01 — Tom Challenges the Practicalities
• 14:09 — What Would Regulation Look Like?
• 15:13 — Would Drug Use Increase?
• 16:12 — Safety, Purity and Regulation
• 17:14 — What Do Drug Death Statistics Tell Us?
• 18:17 — Scotland’s Drug Treatment Failures
• 20:07 — The Political Courage Problem
• 22:23 — Brennan v HM Advocate
• 24:13 — Intoxication and Criminal Responsibility
• 25:37 — How Appeal Courts Shape Scots Law
• 26:36 — Closing Banter

About Crime Time Inc.

Season 5 of Crime Time Inc. broadens its reach across two sides of the Atlantic.

This season features cases from Scotland and across the wider UK — rooted in real investigative experience — alongside deep dives into some of the most infamous murder cases in American history.

Hosted by former detectives Simon and Tom, with experience in both the UK and the United States, including time working alongside the FBI, the show strips away sensationalism to explain how crime and justice really work.

Two crime worlds. One podcast.

New episodes released regularly throughout the season.

Our Website: https://crimetimeinc.com/

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