All countries use legal or judicial means to grade the severity of the offence of drug possession and related actions. Frequently this is done by reference to the quantity of drugs involved in the offence, and some countries choose to indicate certain quantities as the threshold between the levels of offence or punishment. This paper examines whether or not such quantities are defined in the various EU Member States and Norway and, if so, how.
This paper offers a critique of the UK Government’s decision to abandon its former plans to introduce thresholds into drugs legislation via section 2 of the Drugs Act 2005. This provision had been enacted with a view to enhancing the significance of the amount of drugs an individual is caught with in prosecutions for the offence of possession with intent to supply.
In August 2009, Mexico adopted a new law against small-scale drug dealing, which introduces some significant advances in key subjects, such as the recognising of and distinguishing between user, drug addict and dealer. However it still has significant flaws in continuing to treat demand and supply of drugs as a criminal and market phenomenon that are likely to undermine its successful application.
Long known for a liberal policy on drugs, the Czech Republic is now officially quantifying its status as one of European Union's most lenient member states when it comes to decriminalizing drug possession. But these new guidelines come among signs that the rest of Czech drug policy is not keeping pace with other EU members and contradicts law enforcement tactics being utilized to tackle alcohol abuse.
A new marijuana policy could make it legal for individuals to posses up to 15 grams (0.5 ounces) of the drug in the German capital. The regulation would make Berlin among the most cannabis-friendly in Europe. German federal law prohibits the possession of marijuana beyond a "small amount" but leaves it up to the states to determine exactly what that amount should be. Most states, including Brandenburg, which surrounds Berlin, define a "small amount" as 6 grams.
Although the partial decriminalization of cannabis at the beginning of this year didn't transform the capital into the new Amsterdam, as some headlines suggested, the accessibility of soft drugs, National Drug Coordinator Vobořil says, has secured the Czech Republic one of the highest rankings in Europe regarding cannabis use. The possession of more than the allowed 15 grams of cannabis is subject to a fine of up to CZK 15,000, or imprisonment of up to one year.
A wider trend for drug law reform is arising out of a felt need to make legislation more effective and more humane. Within this trend, a number of countries have considered decriminalisation or depenalisation models and many have, at least initially, considered threshold quantities as a good way to distinguish between what is possession and what is supply or trafficking and as a means to ensure that the sentences imposed are proportionate to the harmfulness of the offence.
Distinguishing between drug possession for personal use and supply and trafficking is widely acknowledged as one of the most difficult and controversial issues facing drug legislators and policy makers. To address the problem, two solutions are typically enacted: the threshold scheme and the "flexible" model.
In der Großen Koalition in Berlin ist eine Debatte um die zulässige Menge für Eigenkonsum von Cannabis entbrannt. Die CDU will das Limit auf sechs Gramm statt wie bisher 15 Gramm senken. Die SPD ist gegen diesen Vorstoß. Die Meinungsverschiedenheiten in der Fraktion sind relevant, weil die Berliner Verordnung, die die höhere Freimenge regelt, Anfang 2015 erneuert werden muss.
Kiffer in Berlin dürfen weiterhin bis zu 15 Gramm Cannabis für den Eigenbedarf dabei haben, ohne strafrechtlich verfolgt zu werden – jedoch nicht mehr überall in der Stadt. Vom 1. April an soll der Drogenbesitz an Orten wie dem Görlitzer Park in Kreuzberg oder an Schulen auch bei geringeren Mengen unter Strafe gestellt werden, wie das bereits jetzt generell bei Konsum und Handel der Fall ist. (Die Gewerkschaft der Polizei spricht von Aktionismus: Junkie-Jogging um den Görlitzer Park)