Uruguay’s senate voted today (10 December) to approve the world’s first national legal framework regulating the cultivation, trade and consumption of cannabis for medical, industrial as well as recreational purposes.
Across the hemisphere, frustration is grow- ing with the failure of the “war on drugs.” Many Latin American countries face rising rates of drug consumption, despite harsh drug laws that have left prisons bursting at the seams.
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.
Jorge Parra Norato, Rodrigo Uprimny Yepes, Diana Esther Guzmán
21 January 2013
This report reveals the average maximum sentence for a drug offense rose from 34 years in prison in 1950 to 141 years today and in three countries surveyed, drug trafficking was subject to longer maximum and minimum penalties than murder.
Proportionality is one of the key principles of the rule of law aiming to protect people from cruel or inhumane treatment. The principle has been established in international and regional human rights agreements and many countries have adopted reflections of it in their constitution or penal code. Its application to drug-related offences is firstly the responsibility of the legislators, in defining the level of penalisation of certain behaviours.
Ernestien Jensema, Martin Jelsma, Tom Kramer, Nang Pann Ei Kham, Gloria Lai, Tripti Tandon
16 February 2015
The decision of the Myanmar Government to review drug laws is not only timely, but also offers a prospect to improve the drugs legislation and to ensure that the laws address drug-related problems in the country more effectively.
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".
Bolletjesslikkers horen niet in de gevangenis. Het berechten en opsluiten van ongeveer vijftienhonderd kleine drugssmokkelaars per jaar heeft geen noemenswaardig effect op de invoer van cocaïne en vormt een zware belasting voor Openbaar Ministerie, rechtbank en gevangenis
Cultivation and consumption of cannabis is decriminalised to an extent but lack of guidelines causes rogue social clubs to undermine the success of self-regulated social clubs. The result; an unwarranted arrest of three Pannagh activists.
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.
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.
Sentencing for drug offences in England and Wales has recently undergone a wide-sweeping review and public consultation. The purpose of this report is to examine and evaluate this mechanism for law reform, without the need for legislative reform, and to consider the specific discussion around sentencing for drug offences which it has led to.
The sentences that offenders receive for drug law violations across the European Union are examined for the first time in this ‘Selected issue’. By analysing the most recent year’s statistics, this report attempts to answer the question: What is the most likely outcome for an offender after being stopped by police for a drug law offence of use or personal possession, or supply or trafficking?
In determining the seriousness of a drug offence the courts should focus on the quantity of the drug involved (or the scale of the operation) and the role of the offender; the Panel advises a starting point of 12 years custody for the most serious cases. Offences will be aggravated where offenders used a young person as a courier, supplied or offered to supply close to schools, targeted premises used by vulnerable people or supplied to prisoners.
The purpose of the Criminal Justice Act 2003 in the United Kingdom was to provide overall structure and clarity to sentencing in England and Wales by reserving prison for the most dangerous offenders, while moving lower level offenders away from short prison sentences into robust and rehabilitative community punishments.
The use of illegal drugs is often associated with a wide range of health, social and community problems, substantial drug-related crime, and stigma and marginalization of people who use drugs. In response, policy-makers have relied heavily on law enforcement, despite evidence that certain law enforcement practices actually worsen the impact of drug use on individuals and communities, and sometimes lead to human rights violations.
This paper discusses the “substance-oriented approach” Dutch authorities implemented to to scare off potential small-scale cocaine smugglers. The focus was on the drugs, rather than the couriers, and on incapacitating the smuggling route, rather than deterrence by incarceration.