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.

Chapters00:00 — Cold Open: The War on Drugs Has Failed00:53 — Lord McCluskey and Scots Law03:54 — “It Does Not Work. It Cannot Work.”05:03 — Tom Remembers John McCluskey06:48 — Is Prohibition Causing the Problem?08:03 — Drugs and Organised Crime10:01 — Decriminalisation, Regulation & Rehabilitation13:01 — Tom Challenges the Practicalities14:09 — What Would Regulation Look Like?15:13 — Would Drug Use Increase?16:12 — Safety, Purity and Regulation17:14 — What Do Drug Death Statistics Tell Us?18:17 — Scotland’s Drug Treatment Failures20:07 — The Political Courage Problem22:23 — Brennan v HM Advocate24:13 — Intoxication and Criminal Responsibility25:37 — How Appeal Courts Shape Scots Law26:36 — 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.