4

The Thistle's current legal position creates risks for operators and users lacking a full framework.

Conclusion
The current Lord Advocate’s statement of prosecution policy has been pivotal in enabling The Thistle to open. However, the Lord Advocate’s prosecutorial discretion is not a substitute for a considered legal framework to enable and regulate safer drug consumption facilities. The Thistle’s current legal position creates potential risks for people operating and using the facility. While the operators of The Thistle have reassured the Lord Advocate that the possibility for offences other than possession can be mitigated through strict standard operating procedures, only a full legal framework can offer certainty to the people who are operating and using the facility. (Conclusion, Paragraph 67)
Government Response

A response document is linked to this report, dated 20 November 2025. Response attribution to this conclusion has not been verified. Read the response document.