Criminalisation of drug users, excessive levels of imprisonment, and punitive sentencing practices, including mandatory sentencing, the death penalty and enforced ‘drug detention centres’, are some of the unintended negative consequences of the 50 year ‘war on drugs’, a policy with direct impact on the vulnerable, poor and socially excluded groups, including ethnic minorities and women. This PRI briefing paper discusses these consequences in detail and sets out what parliamentarians can do about it.
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)
The Annual Report of the International Narcotics Control Board (INCB), released today, calls upon States that ‘continue to impose the death penalty for drug-related offences to consider abolishing the death penalty for such offences’.
Many longtime supporters of drug courts have become dismayed by the extent to which the courts now reach into the lives of people whose only infraction was to light up a joint. More Americans are arrested for pot possession than any other drug offense, with more than 650,000 such arrests in 2012. Some pot users who might have simply faced a fine in the regular court system are instead getting moved into the drug-court system for months on end. They are often required to pay for expensive treatment programs and risk jail time if they break program rules along the way. (See also: Moving Away from Drug Courts)
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.
Calling it an issue America can’t afford to ignore, President Barack Obama laid out an expansive vision for fixing the criminal justice system. “In far too many cases, the punishment simply doesn’t fit the crime,” Obama told a crowd of 3,300 in Philadelphia. Low-level drug dealers, for example, owe a debt to society, but not a life sentence or 20-year prison term, he said. The United States needed to reevaluate an “aspect of American life that remains particularly skewed by race and by wealth.” Working in Obama’s favor: tentative but optimistic signs of common ground between Republicans and Democrats. (See also: President Obama for the prisoners)
On 19th to 21st April 2016, there will be a United Nations General Assembly Special Session (UNGASS) held in New York, dedicated to the issue of drug policy. The General Assembly is the highest policy making and representative organ of the United Nations (UN), and its infrequent Special Sessions focus on pertinent topics at the request of member states. The UNGASS on drugs has the potential to be a ground-breaking, open debate about the international drug control system – but there is much work to be done to ensure that it fulfils that potential.
This is the second edition of the IDPC Drug Policy Guide aimed at national government policy makers. This publication is a collaborative effort by a number of members of the International Drug Policy Consortium (IDPC) and partners, and brings together global evidence and best practices on the design and implementation of drug policies and programmes at national level.
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.
People who smuggle drugs will face more lenient sentences if they have been exploited, under new guidelines. The change in approach on "drug mules" forms part of new comprehensive rules on drugs offences from the Sentencing Council for England and Wales. The council said judges should distinguish between those who have been exploited by gangs and criminals heavily involved in the drugs trade. But it said large-scale drugs producers should expect longer jail terms.
What's the smallest unit of celebration? A whooplet? I need one to mark the news that sentencing for drug offences, in some cases, will be shortened. Following new guidelines from the sentencing council from the end of February those found to have bought drugs to share with friends rather than to profit from them, and those found to have imported drugs under duress, can expect to be locked up slightly less often, and for slightly less long.
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".
Some countries have adopted drug treatment courts as a way to reduce drug-related incarceration. Drug treatment courts, also called “drug courts,” are meant to offer court-supervised treatment for drug dependence for some persons who would otherwise go to prison for a drug-related offense.
Martin Jelsma, from the Transnational Institute, prepared an analysis for theLatin American Commission on Drugs and Democracy, explaining the drug policy situation in the European Union and the current state of debate in the United Nations agenda. The commission is an initiative born of former presidents Fernando Henrique Cardoso, from Brazil, César Gaviria, from Colombia and Ernesto Zedillo, from Mexico, to respond to concerns related to the problems of drug consumption and traffic in Latin America. The idea to constitute a commission capable of consolidating a debate concerning this problematic also responds to the necessity of reviewing the world drug policies in the scope of the United Nations, which began in March 2008.
The story of the Mexican drug war has generally focused on the violence perpetrated by drug cartels and the apparent inability to bring so many criminals to justice. Unfortunately—while it’s true many have evaded justice—there remain many more people who use drugs and those with very low levels of involvement in the drug trade, who have been swept up in recent crackdowns.
In 2007, the Government of New Zealand entrusted an independent agency, the National Law Commission, to review the country’s drug law. The Commission will present a final report which is likely to feature a new approach to personal possession and use of drugs placing less emphasis on conviction and punishment and more on the delivery of effective treatment. New Zealand’s approach to drug law reform may provide lessons for other countries.