The Research Consortium on Drugs and the Law (CEDD)
09 July 2014
The Research Consortium on Drugs and the Law (Colectivo de Estudios Drogas y Derecho, CEDD) has published a new study that assesses state responses to illicitly-used drugs in eight countries in Latin America: Argentina, Brazil, Bolivia, Colombia, Ecuador, Mexico, Peru and Uruguay. The study found that Latin American governments’ approach to drug use continues to be predominantly through the criminal justice system, not health institutions. Even in countries where consumption is not a crime, persistent criminalization of drug users is common.
"Sending more people to prison will not reduce drug addiction or improve public health," said Anya Sarang, president of the Andrey Rylkov Foundation, an advocacy group for people with HIV which works with injecting drug users (IDUs). "Russian prisons are terrible places full of HIV, tuberculosis and other diseases. Drugs are often even more accessible there than anywhere else." She added: "What we need instead of this harsh drug control rhetoric is greater emphasis on rehabilitation, substitution treatment, case management for drug users and protection from HIV."
This presentation gives a short overview of legislative reforms in Europe and Latin America that provide lessons learned in practice about less punitive approaches intended to reduce drug-related harm to the individual and society. Evidence suggests that fears that softening drug laws and their enforcement would lead to sharp increases in drug use, have proven untrue.
The new report is the first to calculate the total number of females in prisons on drug offences in Europe and Central Asia. It provides an analysis of developments related to women drug offending and the criminal justice system in Europe and Central Asia, and also largely focuses on numbers of women convicted for drug offending (violation of drug laws) that are in prisons.
The academic journal Nueva Sociedad recently released an issue to promote the debate in Latin America on drug policy reform. TNI contributed with the paper "Drug policy reform in practice: Experiences with alternatives in Europe and the US".
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.
A federal judge has declared Florida's drug law unconstitutional, potentially throwing thousands of criminal cases into jeopardy. U.S. District Judge Mary Scriven of Orlando issued a ruling Wednesday that struck down the state's Drug Abuse Prevention and Control law, saying it violates due process because it doesn't require that prosecutors prove that a person knew he or she possessed illegal drugs. See also: Attorneys seek dismissal of hundreds of local drug cases
In Latin America’s latest challenge to Washington’s “war on drugs,” Ecuador has quietly begun releasing thousands of convicted cocaine smugglers. The move is a result of the country’s new criminal law, which took effect August 10. It treats “drug mules” who commit the low-profit, high-risk offense more as vulnerable people exploited by cartels than as hardened criminals. Around 500 mules have already been freed and at least another 2,000 are expected to follow, says Jorge Paladines, national coordinator of the Public Defender’s Office.
Guatemala will weigh easing punishments for minor narcotics-related offenses as part of a push to liberalize drug policy and explore regulating production of opium poppies and marijuana for medical use, President Otto Perez said. A government-backed commission delivered an interim report on the president's legalization proposal in September and Perez said the final recommendations should be ready by March or the second quarter of next year.
The case of the Australian boy arrested on drug charges in Bali offers the opportunity to review our nation's own response to drug use, both here and abroad. While empathy for the boy's family is warranted and genuine, the case should also raise the question of what would happen to someone in Australia caught with a similar small amount of cannabis or other illicit drug.
On February 12, the Constitutional Court ruled that the Fini-Giovanardi law setting out penalties related to the sale and possession of illegal drugs, was improperly approved, and abrogated the law. Since then, Italy has returned to previous regulations that imposed lighter sanctions on cannabis users. Prisoners' rights organisations argued that harsh drug laws have created a booming prison population in a system that is already overcrowded. Since January 2013, Italy's prisons have been under the scrutiny of the European Court of Human Rights.
At the end of 2008, about 1,500 persons were released who were in Ecuadorian prisons sentenced for drug trafficking. The measure, known as “pardon for mules,” singled out a specific group of prisoners who were victims of indiscriminate and disproportionate legislation that was in effect for many years. Although with this measure, the Government of Rafael Correa took an important step in the process of reforming draconian legislation regarding controlled substances in his country, it is still to be completed with new legislation.
Forty years after the introduction of the 1971 Misuse of Drugs Act, more than 2.8 million people report using illicit drugs every year in England and Wales. While cannabis remains overwhelmingly the most popular, this Home Office total also includes 800,000 mainly young adults who put the country at the top of the European league table for powder cocaine use.
From 15 to 18 November 2018, the Transnational Institute (TNI) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ) jointly organised the 10th Asian Informal Drug Policy Dialogue (IDPD). It was organised in collaboration with the Central Committee for Drug Abuse Control (CCDAC) of Myanmar and held at Inle Lake, Southern Shan State, Myanmar.
The underlying aim of The Sentencing Council's new guideline for drug offences in England and Wales is to ensure sentences are consistent and the punishment proportionate. The guideline was launched in February 2012 and early results suggest it is beginning to have its desired effect. But achieving that consistency has involved a long process of research and careful testing of the results with judges, lawyers and the general public. (See also: Drugs, crime and punishment)
Westminster has finally reached a tipping point in the drug debate and radical change is now becoming possible, Norman Baker has said. The Liberal Democrat Home Office minister was speaking to Politics.co.uk after the publication of a government report on international drug laws which found no correlation between the severity of a country's policy and levels of drug use. It is unprecedented for the Home Office to publish a report which casts doubt on its own policy for the last 40 years and many reformers are becoming increasingly confident that it could herald a sea-change in Westminster's view on the issue.