Today, on the United Nations’ International Day Against Drug Abuse and Illicit Trafficking (26th June), governments around the world are commemorating their decades-long support of the global war on drugs.
The legal approach to coca has been one of the most challenging topics in the current international drug control system, due to the plant’s connection to both commercial cocaine and ancient Andean traditions. Yet it’s rare for a case related to the coca leaf to come before a European court, in a region where those traditions are rarely discussed.
The Czech drug-related legislation is quite extensive and includes laws as well as various by-laws. The most important feature of the Czech legislative system is that criminal law does not consider drug use to be a criminal offence. The new Czech Criminal Code introduced a brand-new significant feature into the Czech legal system – the differentiation between cannabis and other narcotic drugs and psychotropic substances.
While in the Americas cannabis policy reform is taking off, Europe seems to be lagging behind. At the level of national governments denial of the changing policy landscape and inertia to act upon calls for change reigns. At the local level, however, disenchantment with the current cannabis regime gives rise to new idea.
The upsurge in violence in Central America’s Northern Triangle is often named in one breath with the drugs market. While violence clearly thrives from an illegal trade met with exclusively repressive state responses, assumptions on cause and effect are frequently flawed or blurred.
In 2000, the Portuguese government responded to widespread public concern over drugs by rejecting a "war on drugs" approach and instead decriminalized drug possession and use. It further rebuffed convention by placing the responsibility for decreasing drug demand as well as managing dependence under the Ministry of Health, rather than the Ministry of Justice. With this, the official response toward drug dependent persons shifted from viewing them as criminals, to treating them as patients.
The drug trade has increased globally in intensity and reach, and substance abuse in South Africa has escalated rapidly. Drug misuse is a major social, legal and public health challenge despite the war on drugs, in which the USA has a disproportionate influence. Why this lack of progress and what can be done about it?
Polish law provides punishment for possession of narcotic drugs. It is a controversial issue whether punishing for possession of any amount of drugs is a right thing to do. Regardless of one’s opinion, it is worth being aware of the consequences of the adopted legal solutions. In spite of the high cost, the enforcement of the Act does not result in mitigating drug problems in Poland, such as reduction of drug trafficking or “deterring” their potential users.
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.
This study commissioned by the Brazilian Ministry of Justice underlines the disparity that exists between the depenalization of drug use and the increased penalization of selling drugs that resulted from the 2006 Law on Drugs. Although the fact that the use of drugs is no longer a crime is certainly progress, it seems disproportionate to establish maximum prison sentences of 5 years for the sale of very minor quantities of drugs. The study was a joint project of the Federal University of Rio de Janeiro, UFRJ, and the University of Brasília UnB that ran from March 2008 and July 2009, supported by the United Nations Development Program, UNDP.
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.
This paper offers an overview of the current legal provisions on the use and possession of drugs for personal use in the EU Member States. In addition to documentary resources (the European Legal Database on Drugs – ELDD) and the current work of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) in the field, some thirty studies and other publications were consulted. The study concludes that, in many countries, personal use of illicit drugs is considered a relatively minor offence, incompatible with custodial sanctions.
European Monitoring Centre for Drugs, Drug Addiction (EMCDDA)
01 March 2002
Drug laws in the European Union (EU) seek continuously to strike a balance between punishment and treatment. The three United Nations (UN) conventions on drugs, limit drug use exclusively to medical or scientific purposes. While they do not call for illicit use of drugs to be considered a crime, the 1988 Convention — as a step towards tackling international drug trafficking — does identify possession for personal use to be regarded as such.