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.
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.
Drug Courts are Not the Answer finds that drug courts are an ineffective and inappropriate response to drug law violations. Many, all the way up to the Obama administration, consider the continued proliferation of drug courts to be a viable solution to the problem of mass arrests and incarceration of people who use drugs. Yet this report finds that drug courts do not reduce incarceration, do not improve public safety, and do not save money when compared to the wholly punitive model they seek to replace. The report calls for reducing the role of the criminal justice system in responding to drug use by expanding demonstrated health approaches, including harm reduction and drug treatment, and by working toward the removal of criminal penalties for drug use.
The Supreme Court agreed to resolve a question that has vexed the lower federal courts since Congress enacted a law to narrow the gap between sentences meted out for offenses involving two kinds of cocaine. Selling cocaine in crack form used to subject offenders to the same sentence one would get for selling 100 times as much in powder. The new law, the Fair Sentencing Act of 2010, reduced the disparity to 18 to 1, at least for people who committed their offenses after the law became effective on Aug. 3, 2010.
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.
Jason Pepper, a former meth addict and drug dealer from the heartland, says he got lucky when he was finally arrested. A sympathetic judge gave him a fraction of the prison time he could have received and, more importantly, sent him to a place where he got extensive drug treatment. Then his luck ran out, when appeals courts said his sentence was too lenient. Even though all acknowledged that he had turned his life around, he was sent back to prison.
"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."
Marijuana is one of the primary reasons why California experienced a stunning 20 percent drop in juvenile arrests in just one year, between 2010 and 2011, according to the San Francisco-based Center on Juvenile & Criminal Justice (CJCJ). The center recently released a policy briefing with an analysis of arrest data collected by the California Department of Justice’s Criminal Justice Statistics Center. The briefing, “California Youth Crime Plunges to All-Time Low,” identifies a new state marijuana decriminalization law that applies to juveniles, not just adults, as the driving force behind the plummeting arrest totals.
Sponsored by San Francisco Assemblyman Tom Ammiano, AB 1017aims to give prosecutors more discretion in how they charge weed growers and processors, called "trimmers." According to the bill's author, Mendocino County District Attorney C. David Eyster, mom-and-pop trimmers — many of them economically desperate victims of the country's recession — currently face a felony punishable by sixteen months, or two or three years in prison for manicuring buds. That's because existing law "requires that every person who plants, cultivates, harvests, dries, or processes any marijuana, or any part thereof, except as otherwise provided by law, be punished by imprisonment in the state prison."
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.
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.
Eric E. Sterling, Criminal Justice Policy Foundation
01 November 2011
If Congress were functioning properly, it would take the time to consider the many potential improvements in drug policy that could save lives by preventing overdose, reducing the spread of HIV, and lessening violence, preventing crime, and saving money. With a commitment to governing, instead of grandstanding, Congress could make a careful analysis and weigh the alternatives.
New Zealand’s 35-year-old Misuse of Drugs Act should be consigned to the rubbish heap of history and replaced with a modern, flexible, health-focussed law fit for purpose for the 21st Century, said the New Zealand Drug Foundation today. The Drug Foundation was responding to the Law Commission’s recommendations for reforming the Misuse of Drugs Act 1975, which was tabled today in Parliament. The report makes 144 recommendations for a new legislative and policy approach to reducing the country’s drug problem, and is a result of a comprehensive 2 year review of New Zealand’s obsolete drug law.
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
The Sentencing Council for England and Wales initiated a consultation process in order to produce definitive sentencing guidelines for drugs offences for the UK in the future. In order to feed into this process, IDPC, in collaboration with TNI, held an Expert seminar on proportionality in sentencing for drug offences, on 20th May 2011, in London, UK. The seminar was an important gathering of international experts on the subject of proportionality and provided a space for fruitful and in depth discussions on sentencing experiences from around the world. A draft report of the meeting was sent to the Sentencing Council as part of the consultation process on 20th June.
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.
The New Zealand Law Commission was asked to address the efficacy of the Misuse of Drugs Act in reducing the demand for, and supply of, drugs prohibited under the International Drug Conventions. The Commission has recommended the existing Act be repealed and replaced by a new Act administered by the Ministry of Health. Justice Hammond said the thrust of the proposed new Act is to facilitate a more effective interface between the criminal justice and health sectors: “We need to recognise that the abuse of drugs is both a health and a criminal public policy problem.”
More people are arrested in New York City on charges of possessing small amounts of marijuana than on any other crime on the books. Nearly all are black or Latino males under the age of 25, most with no previous convictions. Many have never been arrested before. Last year, the police in New York City arrested more than 50,000 people on the marijuana possession charge, New York State Penal Law 221.10, which makes it a misdemeanor to openly possess pot.
Most drug users are not addicted. Most suppliers of drugs are not dealers. These central truths about patterns of drug use in Britain are incompatible with the policies adopted by those in power who believe ever more muscular enforcement will somehow steer young people away from taking them. In drugs policy, there remains an unparalleled disconnect between power and knowledge. And power means both ministers and media who, on drugs policy, are intertwined in a deadly embrace.