The Lord Advocate has been urged to confirm whether those possessing drugs for the purpose of spiking people through injections will face prosecution.
The call from the Scottish Conservatives comes after a number of women were spiked through injections.
Last week, Police Scotland said they are investigating a “small number of reports” of spiking by injection in Glasgow, Edinburgh, Dundee and Aberdeen, while another spiking incident – not involving a needle – is being probed in Stirling.
Police said the incidents do not appear to be linked, despite reports being posted on social media within a few days of each other.
All reports have come from areas with a high student population.
READ MORE: Scots nightclubs face boycott over spate of women being 'spiked by injection'
Last month, Lord Advocate Dorothy Bain announced that simple possession offences for all classes of drugs, including class A such as heroin or crack cocaine, could receive a recorded police warning with offenders being diverted from prosecution.
Despite the move being supported by all other Holyrood parties, the Scottish Tories have criticised the updated guidance – labelling it “de-facto” legalisation of drugs.
Now, the party’s community safety spokesperson, Russell Findlay, has called for clarity on whether those caught with drugs used to spike people will be prosecuted.
Speaking Holyrood, Mr Findlay said: “The Scottish Government has a new policy of non-prosecution for drugs possession.
“Will the cabinet secretary back our calls or an exemption to this policy for those caught with drugs intended for the purpose of spiking?”
SNP Justice Secretary Keith Brown Keith stressed that “it’s not Scottish Government policy” over issuing recorded police warnings instead of prosecution, but is “declared guidance from the Lord Advocate”.
READ MORE: Scots possessing Class A drugs to escape prosecution in legal shake-up
The Lord Advocate is a member of the Scottish Government and is also the head of the Crown Office and Procurator Fiscal Service (COPFS).
Mr Brown added: “That issue would be one for the Lord Advocate.
“I do take on board the suggestion that’s made and will give it further consideration.
“As to prosecutions, he should be aware that those decisions are for the Lord Advocate and Lord Advocate alone.”
LibDem MSP Willie Rennie called on Mr Brown to fund and roll out drink testing kits as has been done in other places to help combat the issue.
Mr Rennie said: “There’s been a successful testing strip promotion scheme already in place in Lincolnshire. It provides three test strips for all venues.
“Is that something that the government would be prepared to roll out in Scotland, as well as fund it?”
Mr Brown said the idea was “very constructive”, adding that he “would undertake to have a look at the particular initiative”.
He added: “I’m more than happy to look at that suggestion and any others that come forward.
“There’s quite a number of actions being looked at just now currently by Police Scotland and within the Scottish Government.”
Mr Brown also insisted that “anyone who is found to spike a person will be arrested and may be prosecuted”.
He added: “Police Scotland are pursuing every single report of spiking and are in daily contact with my officials so that we can better understand the prevalence of this activity.
READ MORE: Night club bosses call for Home Office inquiry as Scots boycott planned over spiking by injection
“A gold command has been established and led by an assistant chief constable and that command is reaching out to universities and licensed premises.
“I would like to make it absolutely clear that one case of this is one too many.
“The act of spiking is an absolutely despicable activity and these harmful behaviours can’t be tolerated in our society.”
A COPFS spokesperson said: "“The reported police warning scheme does not apply to possession of controlled drugs with intention to supply them to another. Such behaviour constitutes a specific, separate offence under S.5(3) of the Misuse of Drugs 1971.
“As the Lord Advocate made clear in her recent statement to Parliament, it is not mandatory for police to offer a recorded police warning.
"Officers retain the ability to report appropriate cases to the Procurator Fiscal and will take into account the specific circumstances of the offence”
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